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Woman fights to change plea in alleged caregiver stealing case

Gaynette Holder

A middle-aged caregiver who last month admitted stealing almost $16,000 from her elderly patient asked to change her pleas to not guilty — on the day she was due to be sentenced.

Gaynette Holder, 47, was facing a prison sentence after pleading guilty at Magistrates' Court on March 5 to 13 counts of theft from former marine pilot George Welch, who turned 100 last October.

At the time, her lawyer was Charles Richardson but on Friday former Attorney General Philip Perinchief said he was now representing her.

Holder, of Park Lane, Pembroke, had always denied the offences — alleged to have taken place in 2005 when she was looking after Mr. Welch at his St. George's home — until last month.

On March 4, the day her trial was due to start, Mr. Richardson asked Magistrate Khamisi Tokunbo if he could withdraw from the case as he said he was not properly prepared due to having to get ready for another major court case, the date of which had been changed. Mr. Tokunbo refused the request and warned him that if he did not reappear in court to deal with the matter later that day it would be a matter for the Bar Council, the governing body for lawyers.

"Not only that, I may have to consider that you may be in contempt if you don't come back," said the magistrate.

The matter was stood down briefly and Mr. Richardson returned, telling Mr. Tokunbo: "I have been in contact with my regulatory body," he said. "They have given me guidance that if I'm not in a position to do justice to Ms Holder then I should not perform."

He added: "I want to make it clear that I mean no affront to this court or to the bench."

Mr. Tokunbo said he was surprised he was not prepared considering how long he had been handling the matter. "I won't accept that you are not ready," he said. "I have heard that for the first time today."

The case was adjourned until the next day so Mr. Richardson could prepare to cross examine overseas witness Esther James-Liverpool, Mr. Welch's relative, who had flown to the Island from the US to give evidence.

On March 5, Holder appeared again in court and changed her pleas, admitting 13 charges.

The prosecution did not proceed with a charge of stealing $16,250 in cash drawn on Mr. Welch's credit card.

On Friday, Mr. Perinchief told Mr. Tokunbo he had been instructed by his client to seek a change of plea to not guilty. "It's the defendant's case that her plea was not unequivocal."

Crown counsel Robert Welling said he intended to argue against the application. But Mr. Tokunbo questioned that decision, saying of the last hearing: "It was to my surprise, the course that it took so suddenly."

Referring to a letter sent to the court by Mr. Perinchief but not disclosing its contents, the magistrate said he was concerned about the "allegations" it contained. "You are aware of the case," he told Mr. Welling. "I'm saying that I'm concerned. I'm concerned about the allegations given what I witnessed on that occasion."

He added: "I'm urging you and reminding you of my concern about the history of this case."

Mr. Welling reiterated that he wished to give submissions and the case was adjourned until April 27, when both lawyers will argue their case. Holder remains on bail.