Fraud trial gets underway following three year delay
friend's ATM card to steal thousands of dollars from her bank account has begun in Magistrates' Court.
Kay Marie Eleanor Lewis, 44, allegedly committed 128 unauthorised ATM transactions over approximately two years but is charged with just 20 counts of stealing a total of $7,400 from Rhonda Lolita Robinson.
On Friday Crown counsel Charmaine Smith told the court: "These 20 charges are representative of crimes committed over a period of time.'' Ms Robinson and Lewis were co-workers at the Belmont Hotel and later became friends. Ms Robinson gave Lewis her ATM card and asked her to do her banking business for her.
"When I gave her the ATM card I told her to give me $350 at the beginning and the end of the month,'' Ms Robinson said. "Miss Lewis was only supposed to go to my account when I authorised it. Only when I told her to do so.'' In December, 1994, Ms Robinson discovered that there was a problem with her account when she went to the bank to get money for a trip.
"I knew something was wrong with my account because I knew my balance was too low,'' she said.
Ms Robinson told the court: "Miss Lewis said to give her back the ATM card and bank book and she would look into the account.'' When she returned from her trip, Ms Robinson attempted to contact Lewis about the account but in the end she went to the bank herself.
She obtained a mini statement through the ATM which showed that her account balance was a little more than $1,000.
"I called her the same day and she said the money was there. I said the money wasn't there. She said $4,000 should be there,'' Ms Robinson said.
Later Lewis approached Ms Robinson with $1,000 and explained that she had been instructed by her attorney to give the money to her in good faith until the account was straightened out.
She also asked Ms Robinson to sign a letter, carrying the law firm Richards, Francis & Francis' letterhead, giving her attorney permission to look into her account.
The same day Ms Robinson went to the bank with her sister to have an audit done on her account.
"I went through the audit with my sister and we highlighted all the transactions that I authorised and the ones I didn't,'' said Ms Robinson.
"There were a lot of transactions that she wasn't authorised to do.'' She knew there was a problem with her account because "I never instructed Miss Lewis to go into my account twice in one day or one day after the next''.
In December, 1995 Ms Robinson left a note for Lewis saying that if she did not let her know what was going on with the account, she would press charges.
"I had been to the Police previously to look into her legal rights,'' she said. "When I went there is was just for legal advice, but I filed charges later.'' The trial will continue next month.
