OK, I did some research on this theme. This theme was originally designed by Crip for a specific purpose. All the proceeds for the theme were to be used to help G6 to help pay for the heart surgery for her son.
I have installed the theme on my TP 1.0 beta 4 test site and, although there are some errors in the error log, it works fine with TP 1.0 beta 4. I even went in and enabled maintenance mode and it worked fine in with that as well. You can see it here ...http://talesofthehavenexpanse.com/smf1test/index.php?action=forum;theme=34
It is an old theme and is not likely to be upgraded by Crip since it was designed for a specific purpose. However, it works fine, at least on my site.
My suggestion is that you delete the copy of it that you are using on your site and upload it again and see if that solves the problem. If it doesn't, then I would suggest that, after being in use on your site for 3 years, it's time to think about switching to another theme, despite the fact that you really like it. Sometimes, we just have to move on.
Be aware that one of these days, after TinyPortal has been released for SMF 2.0, this theme will definitely not work on an SMF 2.0/TP 1.0 beta 5 site. Maybe it's time to look for another theme.