An 80-year-old lawyer was called upon to answer charges of fraudulent breach of trust and stealing by reason of service, a matter stemming back almost 10 years. 

Miriam Curling, of 24 East Bay Street, appeared in Magistrate’s Court yesterday before Magistrate Samuel McKinney. 

Mrs. Curling was charged with stealing $85,000 cash which was entrusted to her by Rebecca Knowles in 2010.

Particulars indicate that on Friday December 10, 2010, Curling did dishonestly appropriate the amount of $85,000 vested as a trustee and stole the same amount by reason of service. 

During the initial presentation of the facts, attorney Jomo Campbell, who represents Curling, requested the matter be withdrawn as he informed the court that the complainant was in possession of a cheque in the amount of $35,487.50, the sum he said was some 50 percent of the total owed. 

He further noted that Curling, began in earnest to return the funds to the complainant, and that the balance would be paid on or before July 9. 

He noted that the request to withdraw was as a result of the two parties coming into an agreement to have the balance paid by the said date. 

The magistrate however, said the matter can only be withdrawn with leave of the court, questioning whether it was really the decision the prosecutor wanted to make and sought to have the complainant in the courtroom. 

Further, Magistrate McKinney was concerned that if the balance was not paid by the agreed date, where the matter would stand.  

Attorney Darren Bain, who represents the complainant, Rebecca Knowles, confirmed to the court that his client was indeed in possession of the cheque and was, in fact, at the bank at the time. He further suggested that the magistrate give a mention date to return to court to verify that the balance was indeed paid, because of McKinney’s concerns. 
The matter was then stood down for about 30 minutes. When the matter resumed, Knowles, who arrived in court sometime later, withdrew her complaint after being questioned by the Magistrate. 

Magistrate McKinney withdrew the charges, and Curling was subsequently released from custody. The balance of the amount owing must be paid by July 9 or the matter could return to court.