Defence lawyer calls her client a `hero'
lawyer Victoria Pearman charged yesterday.
Ms Pearman made the claim during the conclusion of the trial of former Bermuda National Trust employee Marylou Belvin.
Belvin, of Green Bay Road, Hamilton is accused of stealing four cash rent payments, totalling $1,880, from the charity's headquarters in the summer of 1995.
Earlier in the trial, it was revealed that Belvin had made complaints to both the Human Rights Commission and the Immigration Department about Trust employment practices.
After being made redundant in November 1995, Belvin was charged with theft in April 1996.
However, Crown counsel Lesley Basden dismissed defence concerns regarding Belvin's treatment as a "red herring''.
"The nationality of the employee is not an issue,'' said Ms Basden.
"The Human Rights Commission found no valid complaint. The Immigration Department found nothing contrary to law.
"The Trust has been vindicated.'' But Ms Pearman, who is representing Belvin, was unconvinced.
She described Belvin as an employee who stood up for herself and other Bermudians.
"Belvin complained to Immigration when a Bermudian was let go and an English secretary stayed on,'' Pearman asserted.
"Ms Belvin spoke up when a non-Bermudian got top pick of the holidays.
"These complaints are not red herrings. She's a hero!'' The prosecution argued that only Belvin and her former supervisor, Mariette Savoi, possessed the necessary computer training and passwords to attempt a theft cover-up.
It was Ms Savoi who first discovered computer record discrepancies and alerted the Police.
Ms Basden also asserted that Belvin's failure to bring attention to these discrepancies was an indication of guilt.
"Strong circumstantial evidence is often the best evidence,'' said Ms Basden.
Ms Pearman countered that although only Belvin and Ms Savoi were formally trained to use the Trust's computer record keeping system, there was no evidence to suggest that other Trust employees were not equally adept.
Ms Pearman also challenged the prosecution's faith in the validity of the computer passwords.
An earlier witness, Ms Wilhemina Heyligger, described the passwords as "no big secret''.
Ms Heyligger went on to say that both she and Belvin were uncomfortable with the computer financial package and were concerned that their uncertainty might lead to lost information.
Ms Pearman proposed that the alleged incompetence of Ms Savoi, the Trust's financial director, could account for the missing funds.
Although financial reconciliation was supposed to be done on a monthly basis, Ms Savoi admitted that she was several months behind schedule.
Belvin has been described as "honest'' by three of her former co-workers, including Trust director Amanda Outerbridge.
And Ms Pearman pointed out that during the entire internal investigation, Belvin was never questioned about the missing funds.
"One would have expected that that would have been the natural line,'' said Ms Pearman.
Magistrate Arthur Hodgson will deliver his judgment on Monday.
