Select Committee on Standards and Privileges First Report


APPENDIX 33 - Continued

CHAPTER ONE: MOHAMED FAYED'S ALLEGATIONS AGAINST ME

  1. Mohamed Fayed alleges that, in return for performing various Parliamentary services for him, I corruptly sought and accepted from him and from Ian Greer on his behalf large sums of money and various benefits in kind.

  2. These allegations are lies.

  His allegations are that:

  (a)  at Ian Greer's suggestion, Fayed paid him tens of thousands of pounds expressly to pay me for putting down Parliamentary Questions at £2,000 a time;

  (b)  in face to face meetings with Fayed I demanded and he paid me, in consideration for these same Parliamentary services, a total of £20,000 in cash and £8,000 in Harrods gift vouchers;

  (c)  that I sought and Fayed paid me, again in consideration for the same Parliamentary services, unspecified sums of cash amounting to many thousands of pounds which were left in brown envelopes for my collection at and collected by me from his offices at 60 Park Lane or which were delivered to me at unspecified addresses on his orders;

  (d)  that, in consideration of these same Parliamentary services, I sought and he provided to me various benefits in kind viz. 6 days hospitality at the Paris Ritz Hotel in September 1987, two days hospitality at Balnagown Castle in Scotland in 1989, Christmas hampers in 1988 and 1989 each allegedly worth £185 and various other unspecified gifts.

  (e)  that I deliberately omitted, in breach of the rules of the House, to declare or register any of these payments or gifts allegedly received by me from him.

  3. I emphatically deny seeking or receiving directly from Fayed or from Greer on Fayed's behalf any sums of cash or Harrods gift vouchers.

  4. I do not deny receiving Fayed's hospitality but I emphatically deny that such hospitality was either sought by me or that it was accepted as a quid pro quo for providing Parliamentary services for Fayed or Greer.

  Fayed's allegations are lies.

FAYED THE INVENTOR OF THE "CASH FOR QUESTIONS" HOAX - THE GUARDIAN HIS ENTHUSIASTIC ACCOMPLICE

  5. The "cash for Questions" controversy is a Fayed invention. Although we now know that Fayed paid Tim Smith MP for help and advice it is not true that his payments were related to specific Parliamentary activity, which was the essence of "cash for Questions" and which made it such a sensation. If Smith had registered his interest it appears that he would not have broken any rules.

  6. The Guardian adopted and printed Fayed's allegations in October 1994 relying solely on his uncorroborated word. There was no cogent documentary evidence or any other witness evidence to support them.

  7. Fayed has succeeded spectacularly in disseminating his lies because The Guardian enthusiastically and very professionally orchestrated and broadcast them. As a result they were given sensational front-page billing across the world.

  8. The mere fact of such high-profile repetition has subsequently lent them a spurious credibility, despite Fayed's well-known and justified reputation for dishonesty and ruthlessness.

FAYED AND GUARDIAN BAD FAITH REVEALED - PREJUDICIAL PUBLICITY SURROUNDING CHANNEL 4 "DISPATCHES" PROGRAMME AND THE GUARDIAN'S BOOK "SLEAZE"

  9. Alan Rusbridger, the current editor of The Guardian, announced on Newsnight in October 1996 that the paper was conducting a "campaign" against me.

  10. This campaign started with the reckless endorsement by the then editor, Peter Preston, of Fayed's lies in 1994. His successor, Alan Rusbridger, has continued it with manic ferocity.

  11. In October 1996 The Guardian not only repeated the original libels. It also printed for the first time Fayed's false allegations that he gave me large sums of cash in face-to-face meetings and that he arranged for large sums of cash to be collected by me or delivered to me in plain brown envelopes.

  12. The Guardian and Fayed refused to cooperate with the Inquiry during October and November and neither party has, to this day, made specific allegations to you. It has been left to you to extract them from The Guardian's draft amended Defence in the libel action, which was produced in September 1996.

  13. After several entreaties to you to issue an ultimatum to them to produce evidence to justify Fayed's lies, I again spoke to you at 5 p.m. on 28 November 1996. You confirmed that you had still received nothing. In this conversation I agreed to give you the master set of documents from the libel action - not only my own but also The Guardian's.

  14. It is now clear why The Guardian and Fayed refused to cooperate with you during these two months. When you began your Inquiry you stated informally that you hoped to complete the taking of evidence by the rising of the House for Christmas and to report when the House resumed in January 1997.

  15. On 16 January 1997 Channel 4 broadcast a "Dispatches" programme devoted almost entirely to presenting The Guardian's allegations against me in a nakedly partisan manner. A flavour of the programme is given in the Channel 4 Press Release to be found in Appendix 1. The production company, Fulcrum Productions, manufactured the programme with the active participation of The Guardian and Fayed.

  16. The broadcast was timed deliberately to coincide with the publication of a book entitled "Sleaze" by David Leigh, (a contributing editor of The Guardian's sister paper, The Observer) and Ed Vulliamy, a senior foreign correspondent of The Guardian.

  17. The publisher is Fourth Estate Ltd., which is 50 per cent. owned by The Guardian. 14 per cent. of Fourth Estate's shares are owned by Andrew Gifford of GJW, one of IGA's competitors. Gifford appeared on the "Dispatches" programme to make disparaging references to IGA but no mention was made of his being a business partner of The Guardian or his direct financial interest in the sales of the book.

  18. The book is a risibly unbalanced account from The Guardian's standpoint of Fayed's allegations against Ian Greer and me, as the Fourth Estate press release makes clear (see Appendix 1).

  19. Furthermore, the content and publicity surrounding the broadcast and publication leave no doubt that the aim of The Guardian and Fayed has been to poison the public mind against me, especially in my constituency, and to render as ineffective as possible any possible exoneration.

  20. The publisher arranged for copies of the book to be delivered in advance of publication to the local newspapers in my constituency. Five weekly newspapers circulate in the Tatton constituency. The Wilmslow Express Advertiser Knutsford Express Advertiser are owned by The Guardian. The Northwich Guardian and the Knutsford Guardian have no connection with The Guardian, nor has the Northwich Chronicle.

  21. The Northwich and Knutsford Guardians carried a report of a speech by me at a public meeting where I referred to connections between The Guardian, Fulcrum Productions, Fourth Estate Ltd and the delay caused to the Inquiry. The Northwich Chronicle gave a notice of the book in an article of about one third of a page deep inside the newspaper.

  22. The Express Advertiser covered the front page and two inside pages with lurid extracts from the book, with no balancing comment whatever apart from a bald denial of allegations by me. This full tabloid treatment was exacerbated in the smaller Knutsford edition by devoting a full three out of six news pages to the story. A week later the Express Advertiser printed another four pages of extracts, despite the Speaker's Statement on 28 January in which she warned the media "not to repeat or pursue allegations in a way that prejudges their validity pending the outcome of investigations by the Parliamentary Commissioner."¾

  23. I drew to the Inquiry's attention long before Christmas The Guardian's plans for a TV programme and a book. I invited the Parliamentary Commissioner to intercede with Channel 4 to persuade them to postpone the broadcast until after the Inquiry had reported. Unfortunately, the Standard and Privileges Committee did not feel able to accede to my request.

  24. If the Inquiry had reported in early January as was originally envisaged and I had been exonerated on Fayed's allegations, The Guardian's and Fayed's plans to secure a further bout of damaging publicity for me through the TV programme, book and associated newspaper coverage would have been stymied.

  25. The Guardian and Fayed deliberately refused to co-operate with the Inquiry and failed to provide any allegations or evidence until the beginning of December in order to facilitate the programme and the book. The actions of the Guardian and Fayed display a contempt for the Inquiry and the House. Their lack of good faith and their deliberately prejudicial actions are, however, entirely consistent with their behaviour throughout this whole saga.

FAYED THE SOLE SOURCE OF THE CASH FOR QUESTIONS HOAX

  26. Fayed was the sole source of the "cash for Questions" allegations against me until he produced three long serving employees as witnesses out of thin air on 27 September 1996 - over three years after he first approached Peter Preston, the editor of The Guardian.

  27. Fayed contrived his allegations for the most part so that they could be neither supported nor undermined by documentary or corroborative witness evidence. In order to rebut them conclusively I have to prove a negative - that I never received from him payments in untraceable cash and gift vouchers. This is inherently impossible to do - how could I prove, for example, that I have not simply retained the money in cash?

  28. The Inquiry has to answer a simple question - who is lying? Fayed or Hamilton?

  29. Peter Preston and David Hencke can reveal only what Fayed had told them. They swallowed his lies and then uncritically regurgitated them - as proved by the Discovery documents.

  30. I have, so far as possible, produced witness and documentary evidence to controvert Fayed's allegations. But the disputes of fact are largely his word against mine. We cannot both be right so the Inquiry has to decide whom to believe.

  In arriving at a view on this question there is no avoiding a consideration of Fayed's history as a liar and his previous many acts of bad faith.

FAYED AN INVETERATE LIAR

  31. Fayed, as I now know from personal experience, is an inveterate liar, unscrupulous, malicious and bears a multitude of grudges.

  32. His credibility is directly in issue as he is the sole "witness" to most of the alleged events - for the simple reason that he fabricated them. Similar fact evidence of his previous deceit and dishonesty must, therefore, be directly relevant to your Inquiry.

  33. Such evidence will include:

  (a)  the DTI Inspectors' Report of 1990 showing that he lied extensively in his oral and written evidence and in documents which he had solemnly affirmed. [See Appendix 2].

  (b)  the case of Christoph Betterman, former Deputy Chairman of Harrods, against whom Fayed invented and pursued allegations of fraud and embezzlement in the period 1991-94. [See Appendix 3].

  As a direct result of false information laid by Fayed before the prosecuting authorities in Dubai Bettermann was tried on criminal charges of fraud, of which he was subsequently acquitted. Fayed was later obliged to admit that his allegation were invented.

  (c)  the evidence of Professor Barry Rider, now Dean of Jesus College Cambridge and Director of the Institute of Advanced Legal Studies, who was also the victim of Fayed's false allegations of fraud and other criminal activity in 1989-90. [See Appendix 4].

  Fayed invented these lies in order to try to undermine Professor Rider in his capacity as Special Adviser to the Select Committee on Trade and Industry in their 1989-90 Inquiry on Company Investigations. The Committee examined the DTI's handling of the House of Fraser Inquiry and criticised the Secretary of State for failing to seek to disqualify Fayed as a company director on account of the lies which he told the Inspectors.

  (d)  documentary evidence volunteered by Mr Tiny Rowland of the offer by Fayed of a bribe of $2 million to Mr Adnan Khashoggi in an abortive attempt to persuade him to sign an affidavit falsely claiming that he (Khashoggi) had lied in the evidence he gave about Fayed to the DTI Inspectors. [See Appendix 5].

FAYED'S BASE MOTIVES

  34. Evidence of Fayed's base motives is also directly relevant. The Inquiry will need to understand why he has fabricated his allegations against me. He bore grudges against me both personally and as a Government Minister.

  In particular:

  (i)  I was a member of the Government against which he bore significant grudges; and

  (ii)  the Minister most responsible in policy terms for dealing with his problems;

  (iii)  he was disappointed that I would not abuse my position to assist him;

  (iv)  he considered that I slighted him in not responding to his letter of congratulation to me on my appointment as Corporate Affairs Minister.

  35. I have adduced evidence to prove that Fayed has made public his allegations against me not, as he has falsely asserted, "out of public duty" but directly as a result of:

  (a)  his continuing anger at the criticism of the DTI Inspectors and his inability to influence the Government to rescind it or to commission a new Inquiry to substitute more favourable conclusions regarding his conduct.

  (b)  his anger at the delay in dealing with his and his brother's applications for naturalisation, and their eventual rejection.

  (c)  his anger at my failure to misuse my position as Corporate Affairs Minister in the DTI to counteract the criticism of the DTI Inspectors and to assist him in his litigation against the DTI in the European Court of Human Rights.

  (d)  his anger at a perceived slight by me in not responding to his letter of congratulation to me on my appointment as Corporate Affairs Minister.

FAYED'S MALICIOUS AND VENGEFUL CHARACTER

  36. Lastly, you will need to consider his malicious and vengeful character.

  37. Malice and thirst for revenge, when combined with his natural dishonesty, have motivated Fayed to invent a series of colossal untruths about me and others.

  38. Fayed could not have succeeded so spectacularly in his vendetta without the boost to his much-dented credibility given by the wholesale and uncritical adoption of his allegations by The Guardian. The Big Lie was Fayed's; the means of its dissemination was the Guardian.

  39. It is difficult for a normal person to believe that anyone would produce and broadcast so widely allegations as sensational as those which Fayed has made against me unless they were true. There is a strong temptation to believe that there is no smoke without fire. But Fayed has instinctively adopted the well-known Nazi propaganda technique - the bigger the lie and the more widespread its dissemination the more easily will normal people believe it.

  40. Hitler explained the psychology of this with compelling clarity in "Mein Kampf":

  " . . . in the big lie there is always a certain force of credibility; the broad masses of a nation . . . more readily fall victims to the big lie than the small lie, since they themselves often tell small lies in little matters, but would be ashamed to resort to large-scale falsehoods.

  It would never come into their heads to fabricate colossal untruths and they would not believe that others could have the impudence to distort the truth so infamously . . . The grossly impudent lie always leaves traces behind it, even after it has been nailed down."¾

  (see Alan Bullock: "Hitler - a Study in Tyranny" page 70).

  41. My description of Fayed's character and conduct might appear superficially fantastic but I am not his first victim. It is not necessary to peer into the crystal. One can read the book.

CHRISTOPH BETTERMANN - A SUITABLE CASE FOR THE FAYED TREATMENT

  42. Fayed's malicious and vengeful character is well illustrated by his treatment of Christoph Bettermann, former Deputy Chairman of Harrods.

  43. Between 1991 and 1994 Fayed subjected Bettermann to the same kind of outrageous treatment as me. His case proved that, when Fayed has decided to destroy someone for reasons of revenge, he will act ruthlessly and without scruple.

  44. He believed that Bettermann had crossed him. So he invented a pack of lies against him and relentlessly pursued him in a merciless attempt to destroy his character and career.

  45. In a carbon copy of my own experience Fayed fabricated allegations of criminal corruption which were completely unfounded. He then single-mindedly pursued them, using his vast wealth and position to secure the arrest, detention and prosecution of Bettermann in Dubai on trumped-up fraud charges of which he was wholly innocent.

  46. The only evidence against him was that of Fayed and his employees. Bettermann was acquitted after a full trial on all counts.

  47. Bettermann subsequently sued Fayed for libel but, far from apologising, Fayed repeated the allegations and used every device to prevent him from securing justice.

  48. Ultimately, however, Fayed was forced to admit that he:

  "had published the allegations knowing them to be completely untrue and having fabricated them as part of a wicked scheme to exact a cruel revenge on (Bettermann) for his resignation from the Al-Fayed group". (See Bettermann's Statement of Claim).

  49. Fayed agreed to pay Bettermann a six-figure sum in damages and his total bill including costs was thought to have approached £1 million.

  50. Brief details of the Bettermann case are provided in Appendix 3. Mr Bettermann is willing to give further evidence to the Inquiry and to make available to the Inquiry any papers which are relevant.


 
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Prepared 8 July 1997