BASSETERRE, St. Kitts – “I’M sorry for his family but I think he has to go to prison,” said his Lordship Justice Francis Belle, moments before he sentenced former bailiff Talbert Warner to five years in prison for larceny and embezzlement.
The prosecutor told the court that on January 24, 2005, Warner of St. Pauls had received EC$2,004.55 from Venette Tyrell-Andrews as part of his duties as a bailiff.
Tyrell-Andrews testified that after she received a letter from the law firm of Kelsick, Wilkin and Ferdinand, which stated that she owed Cable and Wireless a sum of money, she immediately went to the Basseterre Magistrate’s Court to pay her debt. She added that she gave the money to Warner, who issued her a receipt which was later discovered not to have been written from a government-issued book, but from his personal receipt book.
Among the prosecution witnesses who testified were Senior Clerk at the Magistrate’s Court Sarah Lawrence and Inspector Franklin Belgrove of the Criminal Investigation Department, who was the investigating officer in the matter.
Lawrence, whose duty includes the issuance of warrants to bailiffs to collect monies on behalf of the government, told the court that it was not a practice for bailiffs to write receipts on behalf of the government from their personal receipt book.
Belgrove testified that he was issued a warrant to search Warner’s home on April 28, 2006, and that during the search he found two receipt books; one of which bore a number that matched that of the receipt issued to Andrews.
In his defence, Warner indicated that he would be calling a witness to take the stand. He claimed that when he collected the money from Tyrell-Andrews, he was unsure whether it was full or partial payment.
He said that it was customary for bailiffs to issue receipts from their personal books when persons make partial payments and, upon full payment, receipts would then be issued from the government’s receipt book.
Warner also told the court that on the morning when Andrews paid him the money, he did not see any warrant in her name when he checked the records, but he however decided to collect the money and told her that he would have made further checks to verify she was on record.
Warner, who is also a former police officer, said that on receipt of the money, he did not immediately turn it over to his superiors because he had bailiff duties to perform. However, on completion of his duties, he returned the afternoon and gave the money to his superior Eugene Heyliger, whom he claimed put it in an envelope and secured it in a vault.
For some two hours Warner was questioned and cross-questioned by the prosecution and his lawyer, while maintaining he did no wrong and reiterating that it was customary for bailiffs to issue receipts from their personal books on collection of partial payments.
When called to take the stand, Warner’s witness, Heyliger, was asked by both the prosecutor and foreman of the jury if he and the accused were friends. He replied in the negative.
He told the court that bailiffs are known to carry personal receipt books; however, when asked by the prosecutor what time of the day Warner paid the money to him, he said he could not recall.
Before sentencing Warner, His Lordship said that three persons were adversely affected by the crime – Tyrell-Andrews; Kelsick, Wilkin and Ferdinand, who sent the letter to the virtual complainant; and Cable & Wireless to which the money was owed. He said it also affected the entire court system.
“I think I have to show the community that the court is concerned with integrity, and at the end of the day persons may not agree with the sentencing but it’s a very, very serious charge where the level of trust is required.
“Leave people’s money alone! If you want money then get a second job. The mercy I will extend on you is that I wouldn’t give you the maximum sentence of seven years. You have to see money and leave it,” His Lordship said.
The father of four also has a second charge of larceny and embezzlement that was traversed to the September Assizes.
