The Tribune

By LYNAIRE MUNNINGS 

Tribune Staff Reporter 

lmunnings@tribunemedia.net

AN American book author accused of kidnapping her son has been granted bail of $150,000 cash despite being considered a flight risk, as the court ruled in favour of her urgent need for medical assistance due to pain and deformity in her left breast caused by breast implants.

Barbara Lynn Stcherbatcheff, also known as Barbara Vivan Murphy, was born in the US and is also a citizen of the UK. She allegedly kidnapped her son in February 2023 after he was delivered to her in Switzerland by his father, who has primary custody. 

The High Court of Switzerland had prohibited Stcherbatcheff from travelling abroad with the child. Due to her failure to adhere to this order, a formal criminal complaint was made, leading to an Interpol notice and a warrant for her arrest on charges of abduction. The Federal Office of Justice of Switzerland issued a provisional arrest warrant for Stcherbatcheff with a view to extradition from The Bahamas to Switzerland.

In her affidavit supporting her bail application, Stcherbatcheff said she suffers from pain and deformity in her left breast and has been diagnosed with Baker’s contracture. 

“A medical report exhibited indicates a history of breast implants 15 years ago and a displacement of the breast tissue,” the judgment read. A doctor who previously examined her noted a risk of breast implant-associated lymphoma and ordered an MRI. The test did not reveal any cancerous masses but did not rule out the possibility of lymphoma. The doctor recommended surgery, which was scheduled for the week of Christmas.

However, due to the doctor’s vacation plans and Stcherbatcheff’s availability, the procedure was postponed. 

Her affidavit also included a report from Dr Kohler, her gynaecologist from 2013 to November 2022, who diagnosed her with severe subacute hepatitis. Dr Kohler said that Stcherbatcheff is “medically vulnerable, and her health could be worsened by physical and emotional stressors”.

Stcherbatcheff also noted that she follows a strict diet of healthy, non-toxic food, which is not available at the Bahamas Department of Corrections. As a result, she has lost five pounds since being incarcerated. Two additional doctors confirmed her diagnosis, noting that it required urgent intervention. They acknowledged the long waiting list for surgeries at Princess Margaret Hospital and suggested private arrangements for the implant removal to prevent an emergency.

Despite these claims, Justice Neil Brathwaite acknowledged that Stcherbatcheff defied a court order in Switzerland. He noted the risk of her fleeing, given that she was born in the US and holds Mexican and British passports. 

“While the applicant claims to be engaged to a Bahamian citizen, she is in this country on a work permit. I therefore do not consider the applicant’s ties to this country to be strong, while her ties to multiple jurisdictions make her, in my view, an extreme flight risk,” the judge said.

Justice Brathwaite also referenced a letter from the Office of the Director of Public Prosecutions, dated March 31, 2025, which indicated that the Ministry of Health was willing to facilitate the surgery if Stcherbatcheff and her family could cover the cost. 

However, he found this response unacceptable, noting that as she is in state custody, the government is responsible for her care. “A willingness to assist her once she is able to bear the cost cannot be relied upon as a basis to continue to detain the applicant in circumstances where urgent medical care is required,” the judge said.

Despite his concerns about her being a flight risk, Justice Brathwaite granted Stcherbatcheff bail due to the “peculiar” circumstances of the case. She was granted bail in the amount of $150,000 cash with conditions that she be fitted with an Electronic Monitoring Device, report to the Airport Police Station every Monday, Wednesday, and Friday before 6pm, observe a curfew between the hours of 8pm and 7am daily, surrender all travel documents, and not be permitted to leave the island of New Providence without prior permission from the courts.