Lip gloss thief sobs after being caught red-handed

A mother-of-two today admitted stealing two tubes of lip-gloss from the Phoenix Pharmacy after she was caught red handed.

Donita Maxine Smith, 23, pleaded guilty in Magistrates’ Court to stealing two tubes of Maybelline Super Stay ten-hour Stain Gloss from the Phoenix of March 26. The items were valued at $20.

The court heard Smith was in the store at 11:25am that day when she was seen by a security officer shove two tubes of lip-gloss into her jacket sleeve.

She then went up the escalator to the children’s section where she paid for a variety of items, except the lip-gloss.

Smith then exited the store without paying and was stopped by the security officer.

The officer then took her to the manager’s office where she was searched.

During the search, the two lip-gloss tubes were found and police were called.

Smith said: “I’m so sorry I did it. I can pay for them. I’m so embarrassed.”

Duty Counsel Susan Moore-Williams told the court Smith maintained taking the lip-gloss was a mistake and not “deliberate”.

But Senior Magistrate Archibald Warner said: “This is a serious matter because the defence of mistake which is a formal defense which is based on several different scenarios, for instance partly what you’re telling me is you bought a number of things.”

He continued: “Certainly in the facts before the court, she intended to steal these items, had them away and was attempting to escape with them as opposed to you put them in your pocket and forgot to pay for them.

“That is why I’m listening carefully to what is being said.”

Smith told the court a phone call distracted her and that’s why she forgot to pay for the items. She said she did pay for $64 worth of items upstairs of the store.

Mr Warner said he was willing to deal with the matter by way of conditional discharge, but felt Smith hadn’t shown any remorse.

“If she had shown remorse and said she was sorry for taking the lip gloss, then obviously I would be able to fit that under the category of not against public interest.

“But, I don't know why she’s behaving this way.”

Smith then began to sob in the courtroom and cover her face.

Mr Warner then said he hopes Smith is “smart enough” to understand what having a criminal conviction in Bermuda means.

The matter was adjourned the May 30 for sentencing.

A social inquiry report was ordered and Smith was given $1,000 bail.