Lawyer accused of `fleecing' alcoholic
his fortune, a jury heard yesterday.
Madeiros claimed to have tried to help alcoholic landowner Boyd Davis out of his health problem, prosecutor Ms Sharon Kenny said.
But instead he helped Davis out of his "wealth problem''.
"There can be no greater breach of trust than what happened in this case,'' she said.
Ms Kenny was summing up the case against Madeiros, who is charged with stealing $506,000 from Davis while managing his property deals.
Madeiros, 64, denies stealing the cash from Davis, saying it was a gift in return for his work.
But Ms Kenny told jurors this was a "pathetic excuse'' and Madeiros was lying.
"He took advantage of an alcoholic and sometimes forgetful client, stripped him of his assets and stole at least $1 million,'' she said.
He had used the stolen cash to live like a star of the TV show Lifestyles of the Rich and Famous.
Madeiros had been inconsistent and was evasive giving evidence, she said. He had claimed to be acting in the interests of Davis. But Davis had been puzzled and upset when more of his estate, Sleepy Hollow in Hamilton Parish, was sold than intended.
Davis denies giving Madeiros the money, she said. "Even with the worst memory in the world, who's going to forget a gift of $1 million?'' Now Davis' inheritance was destroyed. All he had left of the property was a banana patch, an orchard and a garage.
Madeiros was guilty of a "despicable and contemptible crime''.
Mr. Richard Hector, beginning his summing up in defence of Madeiros, told the jury they should not be prejudiced by rumours or an idea that lawyers were crooks.
He asked whether they should rely on the testimony of Davis, whose mind could have been affected by alcoholism.
Madeiros had not schemed to "fleece'' Davis, he said. If he had, he would have disposed of the records of his withdrawals from Davis' account, not kept them for Police to use.
Apart from his work as attorney, Madeiros had tried to wean Davis off drink.
He had even taken him out on his birthday.
"He was a planner, he was a general manager, he was a construction supervisor, he was a financial negotiator, a general business advisor, a counsellor, a nursemaid, a babysitter, a friend. The man had no-one else.'' Mr. Hector said Madeiros "was not greatly enriched by this whole thing''.
Madeiros now had no property and nothing to show for 37 years in practice. As for Davis' estate, it would still be in trouble even if Madeiros had taken no money at all from it, he said.
Earlier, Madeiros was formally cleared of a second charge against him -- fraudulently disposing of trust property while a trustee -- after a ruling from Puisne Judge the Hon. Mr. Justice Ground that he was technically not a trustee.
While Madeiros was still on the witness stand, Ms Kenny accused him of going on a spending spree with stolen cash because he knew his health was failing.
She confronted him with details of the $25,000-plus European "honeymoon'', taken with his fiancee just before they married in 1989.
The three-week trip took them first-class from Toronto to London, where they stayed six nights in a $550-a-night hotel near Harrods.
They then flew to Nice, France, where they stayed two nights before taking a helicopter to Monte Carlo. Two nights at $540 later they flew to the Spanish holiday island of Majorca.
After six nights there they jetted to Paris, for a four-night stay at the top George V hotel, at $1,000 a night. They then took Concorde to New York before coming back to Bermuda.
For the December wedding in Toronto, Madeiros admitted flying in family members from Bermuda, Boston and London.
He also admitted owing almost $3 million to banks in early 1990.
He agreed he had health problems in the late 1980s, saying he went on to have a heart attack and a stroke.
"Mr. Boyd Davis was a goldmine for you,'' she said. He had used Davis' money to subsidise an "extravagant lifestyle'' and help pay debts.
Madeiros rejected the charges. "I only took what I knew was my money,'' he said. He denied calling Davis "my little millionaire'' or telling him: "You're going to be rich and I'm going to be rich.'' He said Davis was not really interested in "bookkeeping'' or Madeiros' withdrawals from his account.
Davis did not want anyone to know about the $500,000 "gift'', he added. So he recorded the cash as "legal fees'' whenever he withdrew some from Davis' account.
If Davis had not fired him, plans for Sleepy Hollow would have gone ahead and everything would have been all right, he said.
"I thought I had done a good job all the way through.''
