Crooked bank cashier tells judge 'You can't jail me it will violate my baby's human rights'

Crooked bank cashier tells judge 'You can't jail me it will violate my baby's human rights'

 

A crooked bank cashier who helped a fraud gang steal £800,000 has argued she cannot be sent to jail because it would breach her baby's human rights.

However, the brazen defence tactic employed by Nicola Hurley, 23, was rejected out of hand by a High Court judge and she was jailed for 27 months for her part in the scam at a London branch of Halifax.

Hurley was one of three computer operators recruited by crooks to pass on information relating to wealthy customers' accounts.  

She had been working at the Oxford Street branch of Halifax for a just a few months when the fraudulent activity was discovered.  

Two sisters lost nearly £400,000 in the scam, with another nine customers also losing money.  

But earlier this year Hurley tried to get a High Court injunction banning an Old Bailey judge from sentencing her on the grounds it was against her 10-month old son's human rights.  

Hurley claimed that sending her to prison would be unfair to her child and the only way to overcome this was for the baby to be represented by its own barrister.  

Peter Ratcliffe, defending, said: 'This court has a duty to protect the child's rights under Article 8 of the Human Rights Act.' 

He said the baby was still breast fed and had not reacted well to three different types of powered milk.

Mr Ratcliffe said the court did not have 'full or best information' to understand the psychological or physical impact on the baby if it were to be separated from Hurley.  

However, the judge, Recorder Noel Lucas QC, told Hurley: 'I am against you. 

Justice: The statue on top of the Old Bailey, where Hurley's trial was heard

'It appears leading counsel was instructed on behalf of your child and sought to injunct this court from passing sentence and thereafter an order had been sought from the High Court to entertain submissions on behalf of your child represented separately.

'The High Court disallowed the application.' 

The judge said a criminal trial was between the Crown and the defendant and to allow the interests of each concerned party to become involved would cause endless problems.