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Civil servant jailed for three months

Clayton Busby was jailed for three months after admitting stealing almost $160,000 to feed his heroin habit.

A judge yesterday showed exceptional leniency to a former Bermuda Government clerk who stole $159,493 from the Accountant General's office by jailing him for three months.

Assistant Justice Philip Storr made it clear that other people tempted to steal from the public purse would get a much heftier sentence than the one he was giving to Clayton Albert Busby.

Busby, 57, was described by former colleagues as a model employee, but he said his life collapsed when he became addicted to heroin.

Busby, who said he became addicted to heroin when he took it as a substitute pain reliever three years ago, admitted stealing the money from the Government Employee Health Insurance Scheme between March 13, 2002 and June 26, 2003, and to forging Bank of Bermuda cheques.

Mr. Justice Storr jailed Busby for two years, but ordered him to only serve three months for theft, with the rest suspended for three years. He was given three months for the other offences to run concurrently.

Busby expressed contrition for the "shame and embarrassment" of his actions. He said he had committed himself to Christianity and had been off drugs for seven months.

Mr. Justice Storr told Busby: "I have got to consider how to deal with you but I have also to consider the public at large and the people who might be just on the verge of succumbing to temptation like you did and will be listening to the television news tonight and reading the newspaper tomorrow.

"The offence of stealing as an employee is very serious indeed. It is particularly serious in Government service.

"If you are in public service or in Government and betray the trust of the public, which is entitled to look up to you and trust you and trust you with its money, you are striking at the very roots of stable civilisation in Bermuda.

"It is no excuse whatsoever to say you got addicted to fund a drug habit. I believe you are not the usual type who comes before me and says it's all the fault of drugs and says he is reformed and comes back and does it again.

"I am satisfied you have seen the error of your ways and are unlikely to re-offend.

"I am trying to show by this sentence that if anyone in a position similar to yours steals from his employer for whatever reason, the consequence is imprisonment. No ifs, no buts.

"If anyone in the future thinks they can get away with it, they can disabuse themselves of that.

"This is an exceptional sentence because I am going to put trust in you and your future and it is not be assumed by others who are tempted that they will be treated in the same way."

Busby, of Harvey Hill, Devonshire, said he would be dead if he had not discovered Christ and asked for a second chance like Jesus had given to the thief on the cross.

"I have never been incarcerated or convicted of anything. Thinking about it today, I cannot believe I did what I did, but I did it because I was addicted," said Busby.

"I am very sorry, ashamed and embarrassed by what I did because of my addiction."

His lawyer Peter Farge read a letter from Tax Commissioner Heather Matthews who described Busby as "most suitable for the job, not just because of his knowledge but because of his compassionate, considerate and caring nature".

She said he was well-respected by his colleagues and friends and they could "continue to hold him in the highest regard".

And former Assistant Accountant General Anthony Manders described him in a letter as "reliable and an ideal employee".

He said he was shocked when he heard about the allegations against Busby and thought they musty have occurred because he was desperate.