Lawyers express dismay at bank fraud case delay
Arnold Todd yesterday expressed concern that their clients may have to wait until October for a long form preliminary inquiry into fraud charges.
Todd, who has been charged with Varnel Robert Curtis, lawyer Charles Vaucrosson, Milton Samuel Woods, and Cecil Oliver Durham, allegedly used "fraudulent tricks'' and uttered false documents to steal more than $2 million from the bank.
He was accused of stealing $109,375.75 from the bank in August, 1985; $108,000 between September 18 and October 17, 1985; $92,500 on October 17, 1985; $349,300 on September 26, 1989, and $174,650 on February 15, 1989.
It has been alleged that Todd, with Curtis, used a fraudulent trick between March 3 and May 1, 1987 to give $292,000 to another.
Todd, Curtis and Vaucrosson have also been charged with using a fraudulent trick to give $388,340.70 to another between March 3 and May 3, 1987.
Todd was charged with Woods of using a fraudulent trick on September 1, 1987 to give $200,000 to another.
He was also charged with Durham of using a fraudulent trick between June 30 and July 29, 1987 to give $315,000 to another.
And it was also alleged that Todd knowingly and fraudulently uttered a false loan form to obtain $700,000 from the Bank of Bermuda.
All five men, who have not been required to enter a plea, appeared in Magistrates' Court yesterday to have a date set for a long form preliminary inquiry.
But when Crown Counsel Mr. Brian Calhoun told Magistrate the Wor. Will Francis that an October 15 date had been set for the hearing which is expected to last three weeks, Durham's lawyer Mr. Julian Hall said the court had a duty to ensure a speedy long form preliminary inquiry hearing and it should not be held later than June.
An October date would be "unconstitutional'', Mr. Hall told Mr. France, adding that with the hearing so late the defendants could possibly be forced to wait until 1996 to be arraigned.
"Talking about October is outlandish and bizarre,'' he said.
Lawyer Mr. Delroy Duncan, who represents Curtis, said he was also concerned about the October date.
"I'm concerned that the date is set to account for overseas (Crown) counsel being brought in,'' he said. "Magistrates' Court never consulted us with the date.'' Mr. Hall added that the Crown should liaise with the lawyers for a possible earlier date.
Mr. Calhoun, however, said he had no problem with the October 15 date.
Mr. Francis set the matter down for mention on April 20 during the regular plea court session.
Each of the five defendants are on $10,000 bail.
Todd is represented by Mr. Kim White, Woods is represented by Mr. Richard Hector. And Ms Patricia Harvey is defending Vaucrosson.