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Prosecutor labels theft accused ‘negligent’ and ‘reckless’

Prosecutor Paula Tyndale tore into one of the accused in a $1.2 million theft trial yesterday during her cross-examination.

She labelled Jaymo Durham, 52, “reckless” and “negligent” while questioning him in a lengthy session for the accused at the Supreme Court.

He and wife Keiva Maronie Durham, 44, are representing themselves in the case, in which they have denied stealing the sum from four elderly clients of Ageing and Disability Services over a seven-year period.

Mr Durham, an attorney, took to the stand in the morning and was grilled by Ms Tyndale for three hours about several of the alleged victims.

The four seniors are Doreen Stevens, Nancy Locke, and Muriel and Loretta Smith. Charges claim that their money was stolen between February 23, 2012, and July 31, 2019.

In addition, the Durhams are accused of making and using false statements, which they also deny.

Ms Tyndale asked Mr Durham: “Ms Stevens had around $1.9 million at the start of your receivership in her accounts.”

He confirmed the sum was correct before Ms Tyndale followed up with: “Based on those accounts, they were being substantially depleted.

“Her annual costs did not amount to $2000,000?”

Mr Durham said: “No, they did not.”

Ms Tyndale then pointed out that Ms Stevens had an income coming in from her properties.

Mr Durham insisted that Ms Stevens’s income was being used to pay for her care on an annual basis.

Ms Tyndale stated: “But that difference would not still have been enough to deplete her accounts to the point where you had to sell one of her properties, to enable her to have enough money for her care.

“That was the first of you and your wife using her account”

Mr Durham replied: “I don’t agree [with] that.”

Ms Tyndale then referred to how Mrs Durham began to carry out a lot of her husband’s duties, calling her “head cook and bottle washer”.

Mr Durham disputed the description, saying: “I would not use the term bottle washer.”

Ms Tyndale said: “It’s just a phrase, terminology. She was head cook and … it worked from the top of the stream to the bottom.”

Mr Durham said: “Yes, she carried out a lot of work and that’s because I recognised her capabilities that were more suitable than myself.”

Ms Tyndale responded: “Instead of applying your own skills, you handed her your responsibilities.”

Shortly after, Ms Tyndale went on: “You were reckless as to reducing the management of Ms Stevens’s funds, affairs and her assets.”

He denied the accusation.

She claimed: “You were negligent in how you arranged the affairs of Ms Stevens … and I suggest you were reckless also as to how her property was being managed.”

Mr Durham answered: “I do not accept that.”

The prosecutor then claimed he “treated her property as if it belonged” to him, which Mr Durham dismissed.

He also denied squandering her funds, telling the court: “I was diligent.”

Ms Tyndale went on to level several claims, saying he “did not care enough” about preparing reports on Ms Stevens’s affairs, which she said was “tedious” and “like watching paint dry.”

Mr Durham denied these accusations and the trial continues before Puisne Judge Juan Wolffe.

It is The Royal Gazette’s policy not to allow comments on stories regarding criminal court cases. This is to prevent any statements being published that may jeopardise the outcome of that case