Witness now says he can't recall who told him to write cheques
A Crown witness who had earlier testified that Charles Vaucrosson instructed him to write seven cheques on Percy Ball's trust account yesterday said he could not be sure.
Michel Colmet worked for Vaucrosson between 1988 and 1992 as the assistant financial controller.
He said that Vaucrosson, who allegedly stole $393,782.58, in February 1991 from Ball's estate, told him to prepare seven cheques which were all drawn on the trust account.
The transactions, which were completed by the end of February 1991, reduced Ball's trust account from $393,782.58 on February 26, 1991 to $25,258.13 by March 1, 1991.
Colmet said Vaucrosson told him to place the remaining funds in Amulion Investments which is a company the accused owns.
In his testimony on Tuesday Colmet said Vaucrosson instructed him to write out the seven cheques between February 15, 1991 and February 27, 1991 for amounts between $9,000 and $151,750.
He said that he wrote Vaucrosson's initials on the cheque stubs to remind himself who had told him to prepare them. However, yesterday Colmet said he "had no specific recollection'' of who told him to prepare the cheques.
Meanwhile Colmet said he became uneasy when Steven Gibbons, the firm's financial controller, refused to sign a cheque for $50,452.10 on February 15 1991.
"At that point in time I was aware that Gibbons refused to sign the first of these cheques,'' he explained. "When the second deluge of cheques came to me I first wrote them out then I went to Gibbons' office.
"By my shrugs I asked him what was going on. He shrugged back. At that time I was aware of his views about these transactions and I did not want to waste his time by having to explain them further.'' Colmet said Gibbons told him to transfer the balance of the money ($25,258.13) to Amulion Investments although he could not say whether Gibbons did this on his own behalf or at Vaucrosson's prompting.
"Whoever requested me to write this group of cheques would have said the Percy Ball money would be transferred to Amulion Investments.
"I have no recollection of an actual face, body or note but all instructions would be directed by Vaucrosson through the lawyer (handling the Ball estate) through Gibbons to me.
"No matter which way you turn it the effect is the same.'' Colmet said that eventually all instructions always initiate from Vaucrosson who was at the top of the chain of command.
Moreover Colmet said that he knew that the instructions to prepare the cheques originated from Vaucrosson because no one else in the office would have had the authority to initiate such transactions.
Colmet said he was uneasy about writing the cheques on Ball's trust account because he never saw any written authorisation from the beneficiaries.
Vaucrosson is accused of stealing more than $300,000 from the beneficiaries of Ball's trust fund.
The trial continues today. Jamaican QC Mr. Frank Phipps, Ms Patricia Harvey and Mr. Michael Scott appear for the defence.
Crown Counsel Mr. Michael Pert and lawyer Mr. James Candlin appear for the Crown. Acting Chief Justice Mrs. Justice Wade is presiding.