Susan Tainsh faced the family of Arnold Gutteridge in the Dunedin District Court. Photo / Erin Cox, Otago Daily Times
A Canterbury woman has been jailed for embezzling nearly $250,000 from a dying man, in what a judge called “offending out of greed, rather than need”.
Susan Elizabeth Tainsh, 57, met Arnold Gutteridge several years ago when she was working for Chubb Security installing medical alarms in people’s homes, the Dunedin District Court heard last week.
As noted in Arnold Gutteridge’s obituary, the pair would become “special friends”, before his death in July 2021 at the age of 69.
But the special friend took “an extremely difficult situation” from bad to worse, Gutteridge’s daughter, Bronwyn Nally, said in a statement in court.
“There are days where I can’t function, nights where I can’t sleep. I am convinced I can no longer trust anyone,” she said.
After being appointed as Gutteridge’s enduring power of attorney in August, 2019, Tainsh became responsible for his personal property and finances.
He was deemed not competent to make decisions for himself and admitted to a residential care facility in January 2021.
Despite the man’s will stating his daughter and grandson were to inherit his funds, between January and July of 2021, Tainsh transferred a total of $243,310 into her personal bank account, gambling away $88,469 of it.
“You took Dad’s money and you flippantly wasted it,” his daughter said.
“That money was there for his care.”
Devastated by grief, the woman and her family now faced a bleak future.
The money she was to inherit was to be spent on her home, her family business and her son.
“You took away his financial launch pad into adulthood,” she said.
The sentiment was echoed by Judge David Robinson, who reprimanded Tainsh for her “offending out of greed rather than need”.
“The family are left to consider what might have been. You took away their opportunities to better their situation for personal advancement ... for a child to obtain tertiary study or even a deposit for a house.”
In court, Tainsh held her head down while Gutteridge’s daughter read her statement detailing the “constant undercurrent of tension” that now existed in her home.
“Not only would you have heard the words, you would have heard the emotion in her voice ... the distress on her face”, the judge said.
Nally spoke to the ODT, describing the “unreal” experience of finding out her father’s money had been taken.
“It was just kind of mind-numbing ... We thought we could trust her,” Nally said.
Counsel Libby Hadlow argued Tainsh had been battling gambling addiction, PTSD and abandonment issues, stating she had since sought professional help.
When asked if she could say anything to Tainsh, Nally responded: “I would ask her why she agreed to be Dad’s power of attorney when she knew she had a gambling problem? It’s just so much of a temptation.”
Nally said addiction was cruel - although she couldn’t help but wonder what happened to the $154,842 that had not been gambled away by Tainsh.
“That $88,000 wasn’t even half of it ... It’s just been wasted away,” Nally said.
Upon initially being questioned by police, Tainsh denied the allegations, saying Gutteridge had given the money to her.
She could account for some of the funds, providing receipts for $13,000 of what was spent.
“I am left to conclude the balance has been spent on yourself,” the judge said.
Tainsh reportedly had a troubled upbringing - growing up in a dysfunctional house where she was exposed to all forms of violence, alcoholism, gambling addiction and gang affiliation.
“Despite your disadvantaged background, this is the first matter that brings you before the court,” Judge Robinson said.
Tainsh had managed to avoid criminal offending until the age of 56, which indicated to the judge she was able to control herself and was not overcome by trauma-influenced impulsivity.
“This is not a case where you were entirely overborne by addiction”, the judge said.
He considered the offending premeditated, sustained and opportunistic.
One of Tainsh’s associates, who asked to remain anonymous, said Tainsh had had a very painful life.
The woman felt the human side of Tainsh’s offending had been lost amid the formality of the court proceedings.
“She is portrayed as a callous, thieving, uncaring woman but that is really not what she is like at all.
“She was extremely caring and thoughtful and did the best she could for [Mr Gutteridge] all the time ... to the point where it was interfering with her own family life.”
Hadlow argued for a sentence of home detention, saying the woman “deserved credit for her rehabilitative efforts and insight into her offending”.