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Accused man's antics could get contempt of court charge

Photo by Glenn TuckerMaxwell Sinclair Roberts

A man accused of trying to swindle ACE out of $20 million by posing as a company director was warned by a magistrate he could be held in contempt of court for delivering animated speeches instead of asking questions.

Khamisi Tokunbo told Maxwell Roberts he could be punished for breaching the rules after he gave opinions to prosecution witnesses, often while jumping around and gesticulating.

Roberts, 40, denies a charge of attempting to dishonestly obtain a $20 million cheque by deception.

He dispensed with the services of lawyer Larry Scott before the trial began, electing to defend himself. If convicted, he could face up to five years in jail.

The trial has heard witnesses claim that Roberts, of no fixed address, made suspicious calls to ACE employees before being caught in a Police sting as he picked up a dummy $20 million cheque from the company's reception desk.

Pandora Wright, director of human resources at ACE — a Hamilton based insurance and re-insurance company — said she fielded calls on September 5 and 6 from a man calling himself Mr. Strauss. She believes this individual was actually Roberts.

The caller told her an investigator called Mr. Stevens was flying to Bermuda to investigate the conduct of the ACE chief executive officer.

Telling her to keep this information to herself, the caller said a $20 million cheque should be prepared to pay the investigator.

Ms Wright alerted the authorities and, working in tandem with the Police, ACE staff prepared a fake cheque.

Undercover cops arrested Roberts when he arrived at the company's HQ to pick it up on September 6. During the trial, Roberts has claimed he was merely a messenger employed by Mr. Strauss and Mr. Stevens and that the case against him is "a prime case of shooting the messenger".

On Friday, the court heard from Shawnette Benjamin, Assistant Commissioner with responsibility for Westgate Correctional Facility, who said she knew Roberts as an inmate.

She identified papers found on his person after his arrest as being on Westgate letter paper.

Cross-examining Ms Benjamin, Roberts said he was an inmate at Westgate for the last three years. He put it to her that although Westgate has some good officers, "like most prison officers in the world, you have corrupt prison officers".

He also said: "My point to you is you are not aware of the indignities that happen in that prison."

This prompted Mr. Tokunbo to warn him: "Don't get on the pulpit."

Responding to the questions, Ms Benjamin said she was aware officers breach the rules, and they are disciplined when this comes to light.

Roberts went on to ask her: "Are you aware that two of your officers were working with me and two other gentlemen on the outside?"

He added: "Mr. Strauss and Mr. Stevens paid your officers off to communicate with me."

Ms Benjamin replied that she was not aware of this. Crown counsel Nicole Smith objected to Roberts repeating these claims.

When the defendant went on to interrupt Mr. Tokunbo — who had warned him about his conduct several times — the Magistrate told him: "You are running the risk of me holding you in contempt and every time you talk when I'm speaking that's another contempt because I have warned you enough."

Telling him he was also at risk of him stopping the trial to give Roberts time to reflect on his behaviour, Mr. Tokunbo added: "This is not a podium for you to be making statements or playing games."

Mr. Tokunbo adjourned the trial until Thursday — the next date those involved are available — and remanded the defendant back into custody until then.

Addressing the court as it made preparations to adjourn, the defendant claimed he is a diabetic who is prone to "talk crazy" when his blood sugars are low.

Maxwell Roberts