Real estate developer cleared in US$400k townhouse fraud case

A high-profile real estate dispute that dragged on for years ended in acquittal on Wednesday, as a St Andrew developer walked free after a court ruled that the prosecution's case had collapsed under scrutiny.

St Andrew real estate developer Devon Evans was found not guilty of fraudulent conversion and obtaining money by false pretences in connection with a property transaction involving medical doctor Lloyd Goldson.

Evans was freed by Chief Parish Judge Chester Crooks following a trial in the Corporate Area Criminal Court.

The charges stemmed from the sale of a townhouse to Dr Goldson in 2008 at a cost of more than US$400,000. It was alleged that after Goldson paid a deposit and took possession of the property, Evans failed to deliver the registered title.

Evans was also accused of not handing over proceeds from rental income earned from another townhouse in which Goldson had an interest.

The matter was reported to the police Fraud Squad, and Evans was later charged.

However, during the trial, several inconsistencies reportedly emerged in Goldson's testimony while he was being cross-examined by Evans's attorney, King's Counsel Peter Champagnie.

Goldson was challenged on whether he knew, before paying the deposit, that the townhouse was subject to a lien by National Commercial Bank, a situation that would have prevented the immediate delivery of a registered title. Under questioning, Goldson reportedly gave conflicting answers.

The court also heard evidence that rental income from the second property had, in fact, been paid over to Goldson by Evans.

In delivering his ruling, Judge Crooks said that Goldson's evidence had "fallen apart" under cross-examination, leaving the prosecution's case riddled with uncertainty.

Throughout the trial, Champagnie maintained that any dispute between the parties was a civil matter and should never have been pursued in the criminal courts.

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