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Vaucrosson told lawyer he was transferring trust fund

to $400,000 from Percy Ball's trust account into his own investment firm, a Supreme Court jury heard yesterday.

Conor Griffin, an attorney who worked at Vaucrosson's chambers between February, 1989 and September, 1991, said that he spoke to Vaucrosson about the Ball trust after he had learned that Ball's sister Doris Philpott had died.

Philpott, who lived in England, was the administrator who took over sorting out her brother's affairs at his death in 1987.

Once she died, the responsibility for the estate shifted to Philpott's daughter Cynthia Lewis. Vaucrosson handled the Bermuda end of the trust's management because Lewis lived in England.

Initially, Griffin said that he thought the money -- which was more than $390,000 and came from the sale of Ball's Evan's Bay home -- was frozen at Philpott's death on February 5, 1991.

"I initially took the view that the money was frozen,'' he told the court.

"I told this to Mr. Vaucrosson.'' Griffin said he had come to this conclusion because Philpott's estate had to be sorted out and that would take some time.

However he said after speaking to Vaucrosson, he changed his mind about the status of the money.

Griffin said he believed that Vaucrosson said the money was still in the Ball estate and that he (Vaucrosson) was still the administrator for the funds.

"Therefore the money was not frozen as I had imagined at Mrs. Philpott's death. I believe that (Vaucrosson) told me that he intended to transfer the money and I prepared the letter.'' Griffin said Vaucrosson proposed to put the money in Amulion Investments which he described as an "in house'' finance company that he believed Vaucrosson controlled.

In a letter dated February 27, 1991 Griffin said he proposed to Lewis that the money derived from the sale of Ball's home could be invested at a higher rate of interest elsewhere.

At that time he said he believed the money was still in the trust account.

Earlier, Lewis testified that she never gave anyone instructions to invest any of the trust funds at a higher rate of interest and she never replied to Griffin's proposal.

The Crown charges that Vaucrosson abused his position as the administrator of Ball's estate and spent close to $400,000 of the money to pay off his own debts.

It is also claimed that Vaucrosson was in financial difficulties in 1991. They said that he was paying his staff late and his investment company, Amulion Investments, was also in trouble.

Consequently he could not resist taking the money, although he thought he could pay it back before it was discovered that it was missing.

Vaucrosson, of North Shore Road, Pembroke, is accused of stealing more than $300,000 from the beneficiaries of Ball's trust fund. Ball was a journalist at the Bermuda Broadcasting Company.

The trial involves nine charges. The first eight relate to Vaucrosson acting for Ball's estate between an unknown time and February 1 and March 1, 1991.

It is alleged that he stole money -- ranging in amounts from $9,000 to $151,750 from the beneficiaries of the estate.

The ninth charge alleges that he fraudulently disposed of the trust property -- some $393,782.58 -- and committed it to uses other than those authorised by the trust.

Jamaican Queen's Counsel Mr. Frank Phipps, Ms Patricia Harvey and Mr. Michael Scott appear for Vaucrosson.

Crown Counsel Mr. Michael Pert is assisted by Mr. James Candlin. Acting Chief Justice Mrs. Justice Wade is presiding.