Guilty! Lawyer couple remanded after $1.2m theft trial
A couple who previously ran a law firm together were remanded until September last night after a jury delivered guilty verdicts, closing a seven-week trial for charges of stealing $1.2 million from four elderly clients.
The pair, Jaymo Durham, 55, and Keiva Maronie Durham, 44, were convicted on some charges and cleared of others after jurors deliberated for several hours.
The two had pleaded not guilty to siphoning the cash from the four victims, all clients of Ageing and Disability Services, between February 23, 2012 and July 31, 2019.
They were also accused of making and using false statements during the same period.
Charges against the couple had been reduced from nine to six several days earlier, meaning the couple faced three charges of theft, and three of making and using false statements.
Both presented their own defence cases throughout the trial. Last night, a jury of 11 delivered verdicts after one juror was discharged from deliberations.
Puisne Judge Juan Wolffe ordered the jury to clear the couple of the charge of using false statements.
Mrs Durham was found guilty of three counts of theft and three counts of making false statements.
Her husband was convicted on one count of theft. The jury found him not guilty of the other charges.
The couple requested bail — but the Crown objected, and Mr Justice Wolffe told them he had no choice but to remand them, given the substantial amount they were found guilty of stealing.
He ordered a social inquiry report, and set their matter for the September arraignments. The couple said they intended to appeal the case.
The trial began with the Durhams accused of fleecing their clients of an estimated $300,000.
However, as the trial continued, the figure rocketed to four times what was first thought.
The four victims are Doreen Stevens, Nancy Locke, and Muriel and Loretta Smith.
Ms Stevens was said to have been swindled out of almost a million dollars with a total of $990,560 taken from her accounts while Ms Locke lost $217,675, and the Smiths’ account was plundered to the tune of $44,928.
The money was amassed while the Durhams were acting as receivers for the four elderly women, under the claim it was for their care and benefit.
However, a forensic accountant, Todd Boyd, disputed this after poring over bank and credit card accounts for the Durhams, along with their business affairs, while also delving into the funds of the four women.
Mr Durham vehemently denied that they had a “lavish lifestyle” — yet Mr Boyd uncovered payments to restaurants, trips to the US including a visit to Alcatraz, the notorious former prison in San Francisco Bay, California, plus loans to friends and family.
Mr Boyd suggested there could have been more money involved.
However he gave the duo the “benefit of the doubt” for cash withdrawals and other transactions where no evidence could he found.
He insisted during his evidence that there was no apparent benefit to the four victims in numerous other withdrawals.
The Durhams protested in their defence that they were early in their legal careers and fully believed they had the power and authority to withdraw the money.
They put the discrepancies and deficiencies in the accounts down to accounting errors and oversights possibly made by employees.
In Ms Stevens’s case, the Durhams claimed she had a “charitable spirit”, prompting them to give to causes “which is what she would have done”.
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