by antiaristo » Mon Jul 18, 2005 9:29 am
I promised to post more on my experiences.<br>I've decided to open two threads. Here I will relate what happened with the DTI Inspectors. On a parallel thread I will post, in date order, the bulk of my correspondences since 1999.<br><br>Please put any comments on THIS thread and please do not reply on the parallel thread until I have finished it.<br><br><br>THE DTI INSPECTIONS<br><br>There had been an inquiry into Archer's insider dealing which reported in March 1995. It was a whitewash.<br>When challenged in the Commons by Dale Campbell-Savours MP, John Major the Prime Minister said<br><br>"Lord Archer is my friend. Lord Archer has been my friend. Lord Archer will continue to be my friend"<br>(March 1995. It's in Hansard.)<br><br>That is when I began really kicking.<br><br><br>Roger Kaye QC & Hugh Aldous FCA<br><br>Inspectors appointed by the Secretary of State for Trade & Industry pursuant to s177 of the Financial Services Act 1986<br><br><br>10 August 1995<br><br>STRICTLY PRIVATE – ADRESSEE ONLY<br><br>John Cleary Esq.<br>30 St Patricks Hill<br>Cork <br>Eire<br><br><br>Dear Mr Cleary<br><br>ANGLIA TELEVISION GROUP PLC – FINANCIAL SERVICES ACT 1986 ss 177-180<br><br>I am writing on behalf of Roger Kaye QC and Hugh Aldous FCA, inspectors appointed under section 177, Financial Services Act 1986 (“the Act”) to investigate possible insider dealing offences withrespect to the securities of Anglia Television Group PLC (“Anglia”). A copy of the minute of the Inspectors’ appointment is enclosed.<br><br>The Inspectors believe that you may be able to assist them in connection with their investigation, and would like to ask you questions concerning certain alleged dealings in Anglia shares in the period to 18 January 1994, and other related matters. I would therefore be grateful if you would contact me by telephoning +44 171 865 2121 or by writing to me at Robson Rhodes, 186 City Road, London EC1V 2NU, to discuss a mutually convenient time for you to attend for interview at this address.<br><br>No announcement has been made about this inspection. The Inspectors ask that you keep all communications with them, or on their behalf, strictly confidential and not to discuss these matters with any other individual, except any legal advisor, without the Inspectors’ prior written consent.<br><br>Additionally, and for your information I enclose a copy of sections 177 to 180 of the Act, as amended, which governs the basis on which Inspectors are appointed and the conduct of their investigations. You will appreciate from those provisions that certain information is “restricted information” for the purposes of the Act. Disclosure of such information to any other person without the consent of the person from which it was obtained and, if different, the person to whom it relates, is a criminal offence and subject to criminal penalties unless that disclosure is permitted by virtue of sections 179 or 180 of the Act. This letter may contain, and the Inspectors may disclose to you during the course of your interview, information which is restricted information for these purposes.<br><br>Should it prove possible for you to attend for interview, you may like to consider whether it would be in your interests to instruct a solicitor before attending. You may if you wish be accompanied by your legal advisor at the interview, but such an advisor may not answer questions on your behalf. If you do decide to instruct solicitors, please ask them to inform me as soon as possible that they are acting for you.<br><br>Yours sincerely<br>Nicholas Pardoe<br><br><br>______________________________________________<br><br><br><br>30 St Patrick’s Hill<br>Cork<br>Nicholas Pardoe FCA                                        Eire<br>Secretary to Roger Kaye QC and Hugh Aldous FCA                24 August 1995<br><br>Dear Mr Pardoe,<br>Thank you for your letter of 10 August 1995 to notify myself of the renewed Anglia inquiry being undertaken by Messrs. Kaye and Aldous. I cannot help but wish I had known about the original inquiry; had I known my life might not have lain in ruins.<br>I can certainly tell you a great deal about what happened as a direct result of Lord Archer´s little jolly. About the deliberate damage and destruction done to the lives of hundreds of decent working people and their families. About blackmail and fraud, deceit and thieving, attempted abduction and the suspension of the rule of law across the Realm. And about the efforts to forcibly silence the only man willing to do anything about it. But herein I will restrict myself to the original blackmail and fraud.<br>The directors of Anglia Television Group plc would have been notified about your original inquiry as a matter of course. Lord Hollick and two associates (Hickson and Laughton) joined the Anglia board on 14 April 1994 and would in turn have been formally notified at that time.<br>Lord Hollick and MAI used the fact of your original (secret) inquiry as a weapon of blackmail against the entire Anglia board. One may discern the application of the squeeze from a reading of the notes of a meeting of directors held on 4 May 1994 (Exhibit A attached).<br>What was proposed by MAI would have been a clear breach of promises issued with the offer documents through the Stock Exchange by the Anglia board. So the board could fight a clear wrong, and risk the exposure of Lord Archer. Or they could succumb and lay themselves open to legal attack by the employees of Anglia whose rights were being negated.<br>It is at this point that Lord Archer himself became a party to the blackmail. He could have told his wife and the rest of the board the truth, that he had brought the inquiry on himself through his own acts. Instead he lied. (It was for this that he apologized to his wife at the end of August 1994. But only after he had been completely exposed.)<br>The Anglia board were in a bind. Such a bind that the Chairman (Sir Peter Gibbings) refused to sign the notes (which is why they never became “minutes”.) Such a bind that the Chairman backdated the date of his own resignation from the board to 30 April (so the record would indicate he could not possibly have chaired the meeting of 4 May – see Exhibit B). Such a bind that later the truth had to be dragged from the company in a tortuous process akin to extracting wisdom teeth (Exhibit C)<br>Then, in the best traditions of the Hard guy/Soft guy routine, Lord Hollick became the Anglia board’s best friend. “I know a way out of the dilemma. We will use a ghost Director to do the dirty work. You can break your word and deny your duty of care with no fear of comeback!” “Yes please” came the reply from the Anglia board.<br>Thus was born Mr Malcolm Wall as high profile Managing Director. Except he was not a director at all, but a fraud. All of the administration and co-ordination and litigation was handled by Ashurst Morris Crisp, even though they had never been appointed by the company or its board. All of the dirty work – sackings, lockouts, cheating, contract breaking, threats and intimidation and so forth – was implemented by Malcolm Wall even though he had never been appointed by the board. Yet from behind the scenes a series of lies were being promulgated, as will be seen from the press release of 12 May 1994 and the Eastern Daily Press (then Chairman: T Colman) of 27 May 1994 (both Exhibit D attached). A close reading of the notes of the meeting of 4 May 1994 indicates a clear refusal to appoint Mr Wall just eight days prior to the issue of the “New Team” press release by Anglia Television Group plc. Throughout the intent is to shelter the Anglia board from the consequences of the actions undertaken by their two main agents – Malcolm Wall and Ashurst Morris Crisp.<br>Everything done by Malcolm Wall prior to 21 July 1994 is unauthorised, unlawful and wholly invalid. But the only person both willing and able to prove it is John Cleary (Exhibit E).<br>Mr Wall was appointed to the board of Anglia on 21 July 1994. The plan was that Section 285 of the Companies Act 1985 would be used to legitimise his prior acts ex-post whilst not at the same time implicating the rest of the Anglia board (Exhibit F). But Section 285 does not apply when there has been a total absence of appointment, and Mr Wall remains the lead player in a fraudulent misrepresentation which was perpetrated as a direct result of Lord Archer’s decision to place an order for Anglia shares a few days before the MAI bid was announced. The notes to the meeting of Directors of 4 May 1994 make it clear this fraud was perpetrated with the full knowledge and active connivance of the Anglia board.<br>The payoffs for helping this famous friend of the Prime Minister were handsome and spread wide. For Sir Peter Gibbings, the Chair of the Radio Authority, a backdated resignation and about a million pounds; for David Puttnam a high profile role dispensing lottery money and the Knighthood so craved by his wife; for Dianne Nutting a post with the Millennium Commission; for Lady Archer a fragrant reputation; for Lord Hollick a quick and easy return on investment from mass sackings. In fact everyone won except for the oiks, and they don’t matter. Except to other oiks. Like me.<br>So I’ve been cheerfully doing battle with the filth at Downing Street for fully this last year and more. I didn’t know it was him until the end of August 1994 when the truth about what triggered your inquiry emerged. And it was not until the end of March this year that my hopes of winning without confronting the Prime Minister direct were dashed. One other mystery was cleared up for me at the End of March – that of Lord Archer’s inexplicable car crash. Would your own mind not be preoccupied, not tend to wander, if you too had just signed the death warrant for an innocent man, in order to protect your guilty self?<br>As you know, between 31 March and 4 July this year I have levied on the Prime Minister and his allies the strongest moral and intellectual attack I could muster. I have no doubt whatsoever that my agitation had been instrumental in prompting the re-opening of your own inquiry on 4 May. Yet you did not seek to make contact with me until 10 August. You may or may not know this, but assassins were despatched to my front door on four occasions between those two dates. I might never have known of the inquiry I had triggered. I confess I was completely bemused when first I received your letter – why had you chosen to make contact at this time, so long after being reappointed. Then earlier this week an excited friend called with his congratulations – he had read about the reopening in the press. And the penny dropped. Would I be right to assume you would never have made contact at all had you been able to maintain total secrecy? Possibly you are unaware that the unwanted callers began again yesterday. But even if they get me at least now you have the evidence to enforce the law.<br>I am willing and able to provide all assistance, but only if yours is a serious inquiry. And please do not again ask me to further risk my life. Though oik I be, my value greatly exceeds that of all those mentioned herein up to now in aggregate.<br><br>Beauty is Truth, Truth beauty. That’s all ye know on earth, and all ye need to know.<br><br>Please kindly acknowledge receipt by return.<br>Yours sincerely<br>John Cleary<br><br>Enc        Exhibit A        Notes of a meeting of Directors on 4 May 1994<br>        Exhibit B        Section 288 resignation return for Sir Peter Gibbings<br>        Exhibit C        Letter from Anglia Company Secretary 13 June 1994<br>        Exhibit D        Anglia press release 12 May 1994<br>                Eastern Daily Press headline and front page 27 May 1994<br>        Exhibit E        Anglia Company Secretary plus Register extract both 22 July 1994<br>        Exhibit F        Section 285 plus “The Nature of the Anglia Fraud”<br><br>cc<br>Lady Archer        Mr Black                Mr Blair        Lord Blakenham Mr Bolger <br>M Blum                Lord Callaghan Mr Campbell Savours President Chirac        Mr Clarke<br>President Clinton        Mr Coe                Mr Cook        Mr Darling Lord Deedes<br>Mr Donovan        Mr Eisner        Mr Evans                Sir Marcus Fox        Mr Gingrich<br>Mr Grade                Mr Grant                Mr Green                Harvard University        The Heir<br>Lord Healey        Mr Heseltine        Mr Humphries        Lord Jenkins        Mr Keating<br>Chancellor Kohl        Mr Levin                Mr Major                Mr Morris        Mr Murdoch        <br>Mrs Nutting        Mr Packer        Sir David Puttnam        Mr Redwood        Mr Rifkind<br>President Robinson Mr Sedgemore        Lord Tebbitt        Lady Thatcher        Lord Williams<br><br><br><br>______________________________________________<br><br><br><br>Roger Kaye QC & Hugh Aldous FCA<br><br>Inspectors appointed by the Secretary of State for Trade & Industry pursuant to s177 of the Financial Services Act 1986<br><br><br>Our ref: NGFP/NJMT/jsh<br><br>30 August 1995<br><br>STRICTLY PRIVATE – ADRESSEE ONLY<br><br>John Cleary Esq.<br>30 St Patricks Hill<br>Cork <br>Eire<br><br><br>Dear Mr Cleary<br><br>Thank you for your letter of 24 August.<br><br>As I explained in my letter to you of 10 August the Inspectors do believe that you may be able to assist them, and you may be assured of the seriousness of their enquiries. Therefore, I would be most grateful if you could contact me again, as soon as possible, to try to identify a mutually convenient time for you to see the Inspectors. <br><br>I look forward to hearing from you at your earliest convenience.<br><br>Yours sincerely<br>Nicholas Pardoe<br><br><br>______________________________________________<br><br><br>This was sent in August. When I did not reply it was sent a second time and pp'd by thr secretary.<br><br>When the final report was submitted the announcement was simply<br><br>"No action is to be taken against any of the parties"<br><br>The report was never published, and remains a State secret to this day. Early this year the Guardian submitted a FOI request and got short shrift. NO CHANCE!<br><br>Asked for his reaction in France, Hugh Aldous replied<br><br>"Oh well! If they want to let him off that's up to them"<br><br>And that is where matters stand today.<br> <p></p><i></i>