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Employees are cleared of stealing from firm

Two employees of a security firm have been cleared of wrongdoing by a magistrate.

Carmen Marina Butterfield and Eric Eugene Wallace were found not guilty by Magistrate Edward King after he found there was a deal for them to buy equipment from Pro Tech Security between July 1 and 24, 1997.

Butterfield, 38, of 24 Morgan's Road, Warwick, and Wallace, 28, of Second Avenue, Pembroke, denied stealing a surveillance camera, control unit, and JVC monitor worth $7,895 from Pro Tech owners Gabriel and Julie Johnston.

The pair claim they bought, sold, and installed equipment "on the side'' while working for Pro Tech, and said equipment installed at the Odyssey nightclub was no different.

The trial took place on April 1 and 29. Crown counsel Larry Mussenden was the prosecutor and Renee Foggo defended Butterfield and Wallace.

Butterfield claimed Mr. Johnston agreed to sell the equipment and only had to work out its price, and later thanked them for buying the equipment.

She said Mr. Johnston was aware the pair operated as a business called Butterfield and Wallace, but said the trouble started when Mrs. Johnston, a part-time worker, noted she had not endorsed a cheque of $1,000.

"She was agitated at the fact she knew nothing about it,'' Butterfield said.

"I just told her all the cheques were what her husband had requested that I pick up.'' Butterfield added: "She refused to give it to me and said she would check with her husband.'' A few days later she and Wallace were arrested.

In rendering his judgment, Mr. King said: "I find the prosecution has not proven guilt beyond a reasonable doubt.'' Mr. King said his decision hung on a document Butterfield and Wallace claim Mr. Johnston gave to them which they call an invoice, while he said it was merely a list.

Mr. King said: "I verily believe that piece of paper is what the defendants refer to as the invoice. But that list didn't include costs.'' He said he agreed with Mr. Mussenden that the decision depended on whether the pair had permission to remove the equipment from an office cabinet.

"Mr. Johnston had to know there was no contract between Pro Tech and Odyssey,'' Mr. King said.

He also said Mrs. Johnston had displayed "malevolent'' behaviour toward Butterfield and complained the prosecutor did not produce documents that might shed light on the deal, like log books and job sheets.

Mr. King added: "Nothing has been brought into court to prove or disprove anything.''