The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

A COMPANY affiliated with Kerzner International began legal action in the Supreme Court yesterday against a former employee for $320,000, claimed to have been stolen from the company over a seven-year period.

However, Monteigne Cunningham is disputing the action brought against her by Island Hotel Company Ltd, the plaintiff, which claimed she breached trust in her duties as an administrative assistant in the security department, and was dishonestly assisted by her cousin - Franklyn Moss – between 2001 and 2008.

The plaintiffs rely on signed cheque requests, witness statements, including one from Cunningham who, the plaintiffs argue, voluntarily gave and confessed to the scheme.

However, Cunningham claimed she was detained in a conference room on June 4, 2008 from 9:30am to 5:10pm without food, water, or access to an lawyer before being arrested by police at the end of the day.

Moss claims he has done nothing wrong.

Yesterday’s hearing before Justice Rhonda Bain stemmed from a writ of summons brought against the two by IHC in August 2011.

The hotel company is not only seeking damages on those claims, but is also seeking an account of all monies had and received, a payment of $320,521 with interest, costs, and such further and other relief.

Before evidence was heard from witnesses in the matter, Romona Farquharson-Seymour, Cunningham’s lawyer, contested a number of cheques that were not exhibited but referred to in the document bundle supplied by the plaintiff.

Ferron Bethell, who represents Island Hotel Ltd, alleged that there was a scheme between the two defendants to forge and cash Kerzner International cheque requests in the name of Moss, notwithstanding the defence challenging some $300,000 in cheques.

Mr Bethell further claimed that Cunningham voluntarily admitted to the scheme to Rory Saunders and Moss, while admitting that there were some cheques in his name, but felt he had done nothing wrong.

Bethell called Vice President of Security Rory Saunders to give evidence.

Saunders testified that while he knew Cunningham, he did not know who Moss was.

When asked if he prepared a report and took a statement from Cunningham, Saunders said he had.

Mr Saunders said the contents of both documents, which were not read into the record, were true and correct.

In cross-examination, Mrs Farquharson-Seymour asked Mr Saunders if he reported her “confession” of the scheme to police the morning of June 4, 2008. Mr Saunders said he did not call while at home or on his way to work.

When it was suggested that he had experience in law enforcement, Mr Saunders said he had been in the Royal Bahamas Police Force for 23 years, leaving as a Chief Inspector. He is now a police reservist.

Mrs Farquharson-Seymour suggested to the witness that her client had been detained in a meeting with him and Andrea Johnson for seven hours.

“That is not so,” Mr Saunders said, adding that on the day in question it took him only an hour to get a statement from Cunningham before he left. However, he said, he did not know if she was in the room the entire day by herself, because he had said nothing to her after the statement had been taken.

He admitted that he was present at 5pm when the police arrived. 

The proceedings will continue today before Justice Bain.

Adrian Hunt is assisting Mr Bethell as counsel for the plaintiff while Candice Hepburn is assisting Mrs Farquharson-Seymour in Cunningham’s defence.

Moss is represented by Mary Bain-Charlton.