Jury clears Fubler of stealing, forgery charges
count of forgery, in the Supreme Court yesterday.
The six man, six women jury took just over two hours to come back with the verdict. All found Fubler, 33, of Southampton not guilty on three charges and the majority acquitted her of the remaining 11 charges.
After being dismissed from court Fubler said: "The truth shows and it shouldn't have been any other way.'' Fubler, who was represented by Mr. Julian Hall, worked as an accounts clerk between 1985 and 1992 and was employed to collect Bank of Butterfield bank bags from the company's four hotels and cottages -- Waterloo House, Newstead, Coral Beach Club and Horizons Cottages -- and deliver them to the bank.
It was alleged that Fubler took over $36,000 from the bags containing cheques and cash in Bermudian and US currencies on 13 occasions between October 1988 and July 1992 and prepared new deposit slips.
And in November it was alleged that she forged a Bank of Butterfield document for $3,589.82 to the Horizons account.
Earlier, during the almost month-long trial, chief accountant at Horizons Limited Bob Oliver said that Fubler had absolutely no reason to open the bank bags, and she had no reason to alter the deposit slips.
He added that after finding a cash shortage relating to the Coral Beach Club and doing an extensive investigation he found that there were very serious cash control problems during May and June 1991.
Oliver also said that he realised that the cash book, as a primary source of information, could not be relied upon. And as it was written by Fubler she could probably not be relied upon either.
He also told the court that it was Fubler's responsibility to compare the cash received from each hotel each day by their records with the money actually appearing on the bank statements.
The trial was presided by Puisne Judge the Hon. Mr. Justice Meerabux and Mr.
Peter DeJulio represented the Crown.
