Charity worker admits £16,000 gift was 'wrong'

A charity worker on trial for fraud by abuse of position admitted accepting £16,000 of a sexual abuse survivor's compensation pay-out had been "morally wrong".

Kathryn Kelwick is accused of acting dishonestly and against the interests of the complainant, whom she had been supporting as the vulnerable adults manager at Swinton Lock Activity Centre in Rotherham.

Kelwick, 55 and of Eilam Road, Rotherham, accepted it was inappropriate to take the money but denied she abused her position to secure the payment.

In his closing speech, defence counsel Dermot Hughes asked jurors at Sheffield Crown Court: "Was she dishonest or was that an outright gift which she - at a time of poor judgement - accepted?"

Swinton Lock is a registered charity providing learning, educational, support and social activities for children, young people and adults.

Earlier this week, the complainant had told the court it had been "part of the deal" to split any money she would receive from the Criminal Injuries Compensation Authority with Kelwick.

The agency compensates victims of violent crimes for their physical or psychological injuries.

When the complainant was awarded £22,000 in September 2021 and £11,000 in May 2022, she transferred £11,000 and then £5,000 to the defendant.

Giving evidence on Tuesday, Kelwick told the trial that the first time she received the money, she told the complainant she would send it back as it was for her and her family.

However, Kelwick said, the complainant said she would just send the money back to her.

Asked why she did not send it back in the first place, Kelwick said: "Looking back on it now that's exactly what I should've done.

"Obviously thinking about it, it was morally wrong."

The court previously heard that employees at Swinton Lock had to declare gifts and were not allowed to accept cash.

Kelwick admitted she knew the rules but failed to report the money to her manager.

"I didn't report it because I would've been in breach of my contract and I would've lost my job," she said.

The court heard the second bank transfer of £5,000 had a reference attached that said "enjoy".

Asked why she did not return that payment, Kelwick said: "I had not returned the first lot."

Prosecutor David Ward told jurors in his closing speech that Kelwick had abused her position, "got into [the complainant's] head".

"[Kelwick] kept £16,000 from a vulnerable adult in her bank account. She never declared it and she knew it was dishonest," said Ward.

"She abused her position by failing to safeguard [the complainant] and acting against her financial interests."

Hughes argued there was nothing in writing to suggest an agreement had been made to split the money.

His position was that the complainant gifted the sums out of "sheer gratitude" and because his client had "saved her life".

The trial continues.

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