The sister-in-law of a woman whose will - along with her husband’s - was allegedly forged by a “good friend” told a court it was absolute nonsense to suggest the family were just concerned about money.
Yvonne Jenkin was giving evidence in the trial of former Falmouth bus driver Percival John Harris, who goes by the name of John, and Big Issue seller Michael Davies-Patrick, taking place at Truro Crown Court this week.
Harris, aged 59, of Turnaware Road, Falmouth is charged with theft, two charges of conspiracy to make a false instrument by forging two wills, perverting the course of justice and fraud.
Davies-Patrick, aged 38, of no fixed abode, is facing two charges of making a false instrument and one of perverting the course of justice.
Both men deny the charges.
Mr Harris is accused of plundering the bank accounts of Desmond and Kathleen Moyle from Falmouth, before and after they died, after being granted power of attorney.
He is also accused of forging their wills to make him the primary beneficiary and getting Davies-Patrick and another homeless man, who has since died, to falsely witness them.
He is then alleged to have spent the money, which amounted to hundreds of thousands of pounds, on cars, five motorbikes and towards buying his home in Turnaware Road. In total Harris and associated family accounts received £355,481 from the Moyle accounts.
Mrs Jenkin, who is married to Kathleen’s brother Ivor Jenkin, who was too ill to attend, told the trial that as well as Kathleen, Ivor had two other sisters and they all grew up in Carnmenellis, between Redruth, Helston and Penryn.
She said Kathleen and Desmond had married in 1961 but had not had children. They first lived in Falmouth, then Helston, before moving back to Falmouth. Kathleen moved into Trevern Care Home, Falmouth in 2003, while Desmond continued living at their home in Clifton Terrace, but visited her daily over a long period of time.
Desmond was originally a bus driver before retiring, which was where he had met Harris.
Mrs Jenkin said that in 2014, Desmond had asked his wife’s siblings for the contact details of their children, which they understood to be in connection with his will. In the same year an aunt had died, leaving a considerable amount of her estate to the Moyles.
The first time Mrs Jenkin was introduced to Harris was in the summer of 2016, when Desmond was in Helston Community Hospital. He was introduced as a “good friend”.
She said that Desmond had told her how he had asked Harris to help with the sorting of the cheque payments in respect of the aunt’s will. The cheques were sent to the Moyles’ home address in Clifton Terrace, Falmouth.
Mrs Jenkin said the family only discovered Harris had power of attorney when her husband went to the care home to visit Kathleen and was told that she was in the Royal Cornwall Hospital - but it was Harris who had been notified, as he was down as her power of attorney.
Mrs Jenkin told the court that when Desmond died, Harris organised all of the funeral at Falmouth Methodist Church, including the eulogy read out by the vicar, and the family were upset that it was all about what a wonderful friend Harris had been, rather than Desmond and his relationship with Kathleen.
She added that when Kathleen died, Harris also arranged her funeral - and the eulogy had once again been about what a good friend Harris was to her, and how he was “like a son to them”, not about Kathleen at all.
When the family discovered the contents of the alleged forged wills in 2018 her husband Ivor had raised concerns with the solicitors, after being unable to get hold of Harris.
Questioned by Harris’s defence barrister, Jason Beal, Mrs Jenkin denied that the only reason her husband Ivor was cross about the will was because somebody not in the family was going to get the money.
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She said any claim that the family wanted to change either of the wills was “absolute nonsense”.
“Whatever Desmond wanted to do with the will, it was fine,” she said “as long as it was proper.”
The family also found out in 2018 that the Moyles’ home in Clifton Terrace had been sold without their knowledge, the jury heard.
The couple's home in Clifton Terrace, Falmouth was allegedly sold without the family's knowledge (Image: Google Maps)
Earlier the court was told by a former general manager of Trevern Care Home in Falmouth that, according to their records, Mrs Moyle was admitted in 2003 after being diagnosed as suffering from dementia. She remained there until she died on February 14, 2018.
The court was told she had a lack of capacity to look after her own interests or any other activities, and needed 24-hour support for a number of health conditions.
The trial continues.
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