CHAPTER 2: FAYED'S ALLEGATIONS AGAINST ME
AND IAN GREER
(A) Fayed's first set of allegations
The
Guardian 20 October 1994 - cash for questions
51. Fayed's
precise allegations, which gave rise to the article of 20 October
1994, are listed in page 19 of Hencke's witness statement. They
have been positively disproved by documents disclosed on Discovery
by Ian Greer. "At the meeting with Mohamed Al-Fayed I
was told the following:
(i) [that MPs could be "rented like
taxis"]
(ii) The sum of £50,000 was paid
by House of Fraser to IGA as a fee.
(iii) Neil Hamilton and Tim Smith were
paid by Mohamed Al-Fayed sums of cash in return for them asking
questions about the House of Fraser/Lonrho dispute in the House
of Commons. Mohamed Al-Fayed said further that the payments worked
out at £2,000 for each question. I said to him that I understood
that the two MPs had asked 17 questions in the House relating
to House of Fraser/Lonrho and accordingly, I assumed that a total
of £34,000 had been paid over. Mohamed Al-Fayed indicated
that this was probably right.
In addition Mohamed Al-Fayed mentioned
the figures of £8,000 and £10,000 which he said were
paid monthly to IGA. From what Peter Preston had previously told
me, although Mohamed Al-Fayed did not expressly refer to this
fact, I understood that the payments were made to Smith and Hamilton
via Ian Greer." (Hencke witness statement paragraph 19). 52.
Even on its face this is inconsistent nonsense and it can be positively
disproved by resort to Greer's documents. (B) Fayed's second set
of allegationsThe Guardian defence 14
December 1994 - the three cheques 53. Eight weeks later,
in The Guardian's Defence of 14 December 1994, Fayed made
two additional claims:
(a) "On the 18th May 1987 (he) gave
to Greer cheques totalling £18,000 for the purpose of placing
IGA in funds to make payments to (Hamilton) and Mr Tim Smith MP
for their work on Al-Fayed's behalf, inter alia in tabling parliamentary
questions and motions. IGA paid over part of the said sum to (Hamilton)."
[Paragraph 5(7)]. In paragraph 7 of his witness statement
of 23 June 1995 Fayed is even more emphatic:
"I made special payments at two other times
(apart from the regular fees paid) to Ian Greer for payment to
Neil Hamilton and Tim Smith. The first of these was in May 1987
when I gave Ian Greer two cheques of £12,000 and £6,000
to enable him to pay Neil Hamilton and Tim Smith for their parliamentary
work.
I was specifically asked by Ian Greer for this
money to pay Messrs Hamilton and Smith and I paid it to him for
that reason. These two cheques were not paid to Ian Greer to pay
Conservative candidates in the 1987 General Election as the Plaintiffs
allege. Indeed I had already made substantial donations to the
Conservative Party at about this time totalling £250,000
through Lord MacAlpine and would not have paid any further sums
to Ian Greer for this purpose." In fact the two
cheques WERE solicited for the 1987 General Election Fighting
Funds of 26 candidates - 21 Conservatives, two Labour and three
Liberals. The returned cheques survive and the accounts of the
receipt and disbursement of this money are produced at Appendix
6. It is also clear from Greer's letter to Al-Fayed soliciting
the £6,000 that this is so.
(b) "On the 1st February 1990 IGA rendered
to House of Fraser a special invoice (over and above its monthly
retainer of £500) for £13,333 plus VAT, specifically
to cover disbursements to Members of Parliament including (Hamilton)."
[Guardian Defence Paragraph 5(25)]. 54. All these allegations
are completely false. Those relating to the cheques for £12,000
and £6,000 are rebutted not only by accounting evidence provided
by Ian Greer but also by an admission on national TV by none other
than Michael Cole, Fayed's own spokesman.
MICHAEL COLE CONTRADICTS FAYED'S ACCOUNT
55. Michael Cole, acting as official spokesman
for Fayed, gave an interview for News At Ten, broadcast on 2 October
1996 - the day following the settlement of the libel action. The
following extract from the programme was transcribed by Tellex
Monitors Ltd: Trevor McDonald:
"The row over parliamentary sleaze
spread beyond the former Trade Minister Neil Hamilton today to
embroil more than 20 other MPs. They were all given money for
their election campaigns by the lobbyist Ian Greer. He insisted
today there were no strings attached but in an astonishing intervention
the Harrods boss Mohamed Al-Fayed said he gave money to Mr Greer
after Mr Greer told him`you could hire MPs like taxis'." Michael
Cole (Spokesman for Mr Al-Fayed):
"Mr Greer approached Mr Al-Fayed and
said he needed money for some of the MPs who were going to be
fighting the 1986-87 General Election. Mr Al-Fayed agreed to give
him money, he gave him two cheques, one for £12,000, one
for £6,000 drawn on his personal account." 56.
In contrast, Fayed said in his witness statement on 23 June 1995:
"These two cheques were not paid to
Ian Greer to pay to Conservative candidates in the 1987 General
Election." Fayed lied. Yet in paragraph 13
of the same statement he said:
"I confirm that the contents of this
statement are true to the best of my knowledge and belief." That
also was a lie.
THREE BASIC FALSEHOODS
57. (1) There was no £50,000 "fee"
to IGA as Fayed falsely alleged. The regular payments made
by HOF to IGA are fully invoiced and recorded on both sides. HOF
paid IGA a retainer of £25,000 per annum from 31 October
1985 to 28 November 1989, not £8,000 and £10,000 per
month, as Fayed falsely alleged. This was subsequently reduced,
as Fayed admits in (b) above, to £6,000 per annum from 29
November 1989 to 31 August 1994, when the contract was terminated.
58. (2) The three cheques
(i) 1987 General Election Fighting Funds
and the cheques for £12,000 and £6,000.
The cancelled cheques from Ian Greer and
Greer's accounts demonstrate that Fayed's personal cheques for
£12,000 and £6,000 were paid expressly as contributions
to 26 candidates' fighting funds in the 1987 General Election
- 21 Conservatives, 3 Liberals and 2 Labour.
No part of this money was paid to or me
or Smith. The detailed account is appended to this Submission
as Appendix 5.
(ii) The cheque for £13,333.
On 1 February 1990 HOF paid IGA an extra
cheque for £13,333 plus VAT. This followed from an agreement
with Royston Webb on 1 December 1989 that the retainer be reduced
to £6,000 but that, if the DTI Report were published, a special
fee would be negotiated to reflect the extra work anticipated
on account of the expected criticisms of the Fayeds.
Two months later, when it became clear
that publication was imminent, Greer agreed a special project
fee with Webb of £13,333 plus VAT to cover the extra work
involved in dealing with it. The sum was invoiced and accounted
for in the usual way by IGA and paid in the usual way by HOF.
ROYSTON WEBB CONFIRMS NO IMPROPER PAYMENTS TO GREER
59. Greer met Royston Webb, HoF's legal director,
at noon on 7 October 1994 to talk about the meeting Greer had
had with an emotional Fayed on 22 September. Greer asked
Webb what evidence Fayed had of corruption within Government.
Webb replied: "None that I have seen." On
20 October Greer spoke on the telephone from London to Webb in
Dubai. Neither in the meeting nor the telephone calls was there
any suggestion whatever that the above mentioned payments from
HOF to IGA had been passed on to MPs as Fayed had alleged to The
Guardian. When Greer told Webb of Fayed's allegations
his replies were as follows:
Webb: "My only knowledge was of the
fixed fee arrangement which was an annual fee agreed and paid
monthly. I don't know of any variable . . . Apart from odd expenses
here and there."
Greer: " . . . he's completely dotty,
he said that the invoices used to vary on a monthly basis, or
quarterly basis, dependent upon how many Questions had been asked,
which of course is wholly untrue."
Webb: "I have no knowledge of that
whatsoever." This conversation took place before
Fayed made his allegations about the cheque for £13,333.
The invoice was sent to Webb on 1 February and, in addition, bore
VAT of £1,999.95. It is doubtful that VAT would normally
be charged on corrupt cash payments!
60. (3) THE ALLEGATION OF £2,000 PER QUESTION
FOR 17 QUESTIONS
Fayed's arithmetic doesn't add up
(a) This allegation is self-evidently absurd
and can be disproved simply by tabulating the questions Smith
and I asked.
The Guardian records that I asked
9 written PQs and 1 oral supplementary PQ (which actually had
nothing to do with the Fayeds at all; it was related to Observer
journalist, David Leigh and his book on the Westland affair).
I tabled 3 EDMs and signed 5 EDMs tabled
by others. By contrast Smith asked 26 written PQs, 1 oral PQ,
initiated an adjournment debate, tabled 1 EDM and signed an unknown
number of other EDMs.
Fayed evidently had no idea how many PQs
had been asked by Smith and myself and he simply took at face
value Hencke's (wildly incorrect) assertion that between us we
had asked 17. Hence, 17 x £2,000 = £34,000.
(b) Secondly, Fayed claimed that IGA's fees
varied from £8,000 to £10,000 per month. Hencke never
asked to see the evidence and simply took Fayed's false statement
at face value. The documents from HoF disprove it. 61. Paragraph
19(iii) of Hencke's witness statement has obviously been cobbled
together in an attempt to explain how The Guardian article
of 20 October 1994 came to be written despite a complete lack
of corroboration from witnesses or documents. Hencke relies
on scrappy but purportedly contemporaneous notes of his only interview
with Fayed prior to publication - which lasted a mere 10-12 minutes
on 18 October 1994. The article differs substantially from
the notes upon which it purports to be based.
(i) The article does not mention the figure
of £34,000 for 17 PQs.
(ii) The article does, however, state that
alleged payments to IGA of £8,000 to £10,000 per month
varied according to how many PQs were asked. Surprisingly, Hencke's
note does not explicitly mention this claim.
(iii) Nor did Fayed tell Hencke that Greer
transmitted the cash to MPs; Hencke relied on Preston (who had
kept no notes) for that vital allegation. 62. Had Fayed made
it prior to publication, there would surely be some mention in
the 20 October article of his extraordinary allegation that £20,000
was paid in cash to me in face-to-face meetings. If he did
make such an allegation why was it not noted by Preston or Hencke
and why was it not printed as part of the article? There can
be only two rational explanations: either Fayed did not invent
this allegation until after 20 October or Preston and Hencke thought
that Fayed was not telling them the truth. If it were true
why did Fayed not make that allegation prior to 20 October? The
only rational explanation is that it was invented afterwards,
when it became obvious to Fayed's advisers that his original story
fell to bits as soon as the documents were examined.
FAYED'S THIRD SET OF ALLEGATIONS - DIRECT CASH PAYMENTS
63. Fayed's allegations of secret cash payments
made face-to-face were completely different from the original
allegations which he had made to Preston and Hencke, and on which
the article of 20 October was based. The first mention of
such allegations appeared in The Guardian's Defence which
was produced on 14 December 1994:
"Between 1987 and 1989 I made a number
of payments in cash or Harrods gift vouchers directly to Mr Hamilton
when he visited me at Harrods or at my London residence at 60
Park Lane."(paragraph 3). These allegations are lies.
Fayed, of course, cannot prove them positively by resort to documentary
records because the alleged transactions did not take place. They
are carefully contrived to put me in the difficult position of
having to prove a negative. 64. Such transactions would be
plainly corrupt. Why, if Fayed knew it was wrong, was he a wiling
party to corruption? Fayed was reported in The Guardian
as saying, when allegedly told that one had to pay MPs:
"I could not believe that in Britain,
where Parliament has such a big reputation, you had to pay MPs.
I was shattered by it." (The Guardian 20 October 1994
column 2). So shattered apparently, that he mentioned his
incredulity to no one - not even those, like Royston Webb, who
authorised payment of the bills (see above paragraph 58(iii))
or Sir Peter Hordern MP, HoF's long-time Parliamentary Consultant. Whilst
it is easy to imagine Fayed dabbling in corruption it is impossible
to imagine his being shocked by it. This is another lie.
FAYED THE SOFT TOUCH
65. Fayed says in his witness statement (paragraph
4):
"There were a number of occasions
when Mr Hamilton came to see me either at Harrods or at . . .
60 Park Lane and on each occasion when he and I were alone, he
asked for money." This could not be a clearer statement:
that I demanded money after I arrived at meetings. 66. However,
that is a different story from that of his long-term secretary,
Iris Bond, who appeared for the first time in this saga on 27
September 1996. She was equally clear in her statement that Fayed
often prepared payments in advance of meetings:
"on several occasions prior to a meeting
with Mr Hamilton Mr Fayed would make a remark that he was coming
to collect his money." (Bond witness statement paragraph
6). 67. The most likely explanation for her late appearance
is that she (and Bozek) were intended as substitutes for Fayed,
whose story is so full of holes that it resembles a colander.
Despite having eighteen months in which to cook up her story of
corroboration her statement is obviously a last-minute cobbling
together to plug obvious gaps in Fayed's much earlier statement.
68. Even now Fayed is still changing his story.
In his Submission to the Inquiry, at paragraph 40, Fayed has resiled
from the statement quoted in paragraph 65 above. He now says that
I did not ask directly for money but alleges that I made "thinly
veiled requests for compensation". The veil has only just
appeared. He has obviously now been told that, if he had responded
to a demand for money in exchange for specific Parliamentary services,
he would be guilty of a breach of privilege. To avoid this required
a change in the language of his statement - so a new paragraph
was cobbled together. 69. That these are blatant lies should
be apparent on even a cursory analysis. Is it really credible
that Fayed simply handed money over on every single occasion when
it was allegedly demanded? Did he never demur - even though
on a great many occasions I had done or would be doing nothing
in return? He is a tough international businessman used to
doing complex deals for over forty years and getting value for
money. What was he getting for all these supposed payment? 70.
His explanation is plainly ridiculous:
"I felt embarrassed to turn him down
and so I invariably gave him a bundle of £2,500." Why
was the amount invariably the same, when there were large variations
in both the amount of parliamentary activity and the length of
time between the alleged payments? Even if we accept at face
value his explanation that he felt embarrassed, there was no necessity
for him to be equally generous on each occasion. He could have
found a convincing excuse to give less - e.g., the briefcase stuffed
with £5,000-£10,000 of cash, which he revealed as part
of his office furniture on the Dispatches programme, had not been
topped up. 71. How was the alleged demand for money made?
Did I just demand "money" tout court, without
naming a particular sum? If I demanded the specific sum of
£2,500, why should Fayed have paid it when it patently bore
no relation to any parliamentary activity? If I did not demand
specific sums why did Fayed not scale down the amounts I was given,
if he thought I was being too greedy? 72. The inference of
his comparison between me and Tim Smith (he was "far less
greedy" according to Fayed) is that I did demand specific
sums. The rationale for the alleged demands is as obscure as the
rationale of the alleged payments. The only rational explanation
is the truth - that neither demands nor payments were made. The
story is a lie invented by Fayed.
FAYED CHANGES HIS TUNE
73. Fayed says in his witness statement (paragraph
5) that:
" . . . there was no tariff for such
services." Perhaps the demand was akin to the highwayman's:
"Your money or your life!" 74. His original
allegation, by contrast, was very specifically related to parliamentary
activity:
Mr Greer "told me he could deliver
but I would need to pay. A fee of about £50,000 was mentioned.
But then he said he would have to pay the MPs, Neil Hamilton and
Tim Smith, who would ask the questions . . . I asked how much
and he said it would be £2,000 a question." (The
Guardian 20 October 1994 cols. 1 and 2). 75. However,
by the time Fayed came to make his witness statement eight months
later he was far less emphatic about the details:
"In the autumn of 1994, when I discussed
the payments I had made to Neil Hamilton with the Defendants I
believe (sic) I mentioned that I paid Mr Hamilton £2,000
per question. This was simply a rough guess on my part as to how
much I appeared to be paying per question and . . . was not a
figure charged to me as there was no tariff for such services."
(para. 5). 76. Fayed may be an experienced liar but, fortunately
for those interested in the truth, not a very accomplished one.
He keeps forgetting the lies he has told previously and inconsistencies
continually crop up. Even in this instance - which was the
central allegation in The Guardian's main article on the
subject - he is apparently incapable of remembering the details
which ought to be most memorable: not only what the "tariff"
was but also who allegedly made the payments of £2,000 per
PQ, Greer or himself. 77. To begin with he said it was Greer
(Guardian 20 October 1994). Secondly, his story changed and
he said he paid face-to-face (14 December 1994). Thirdly,
he alleged not only that Greer paid me £2,000 per question
but that, in addition, he paid me himself additional sums of £2,000
at "a rough guess" (his words) - for the very same questions!
(26 June 1995). Fourthly, more than three years after his
original allegations were made to Peter Preston, he produced yet
more - that large unspecified sums of cash were left for collection
in brown envelopes. (27 September 1996). 78. The Guardian
article of 20 October 1994 is quite categoric:
"Greer . . . said he would have to
pay the MPs Neil Hamilton and Tim Smith . . . and he said it would
be £2,000 a question." 79. Hencke's witness
statement is also categoric on the amount of allegedly paid but
rather confused about the transmission mechanism. Surprisingly,
during Hencke's interview with Fayed, Fayed did not say whether
the alleged payments were made indirectly by Greer or directly
by Fayed. Even more surprisingly, the "Journalist of the
Year" was not curious enough to enquire about this essential
detail:
"From what Peter Preston had previously
told me, although Mohamed Al-Fayed did not expressly refer to
this fact, I understood that the payments were made to Smith and
Hamilton via Ian Greer." (Paragraph 19 (iii)). Admittedly,
as Hencke spoke to Fayed before he published his devastating article
for only "10-12 minutes", he had little time to ask
even the most obvious question!
FAYED'S PREDILECTION FOR CASH
80. Realising that there may be a basic lack
of credibility in his allegations of direct cash payments, Fayed
was obliged to lay the foundations by confessing that he regularly
sends someone to the bank to get large bundles of cash - thus
making it impossible to connect the dates and amounts allegedly
paid to me with any entries on his bank statements:
"I should first explain that for many
years I have always had readily available fairly substantial sums
of cash. I have always preferred cash as a method of settling
bills rather than cheques or credit cards."
"From time to time I arrange for one
of my staff to go to the Midland Bank in Park Lane where my personal
accounts are held to draw cash against a personal cheque from
me. This cash is always presented by the bank in bundles of £50
notes. Prior to the new £50 note coming into circulation
the bundles were of £2,500 each. Once the new smaller note
came into circulation recently the bundles increased to £5,000
each."
"I therefore had easy access to cash
during 1987, 1988 and 1989 without my needing to arrange for it
to be specially drawn." (Paragraphs 3 and 4.)
When Fayed
was interviewed for Channel 4's "Dispatches" programme
he revealed that he routinely keeps to hand a briefcase stuffed
with £5,000 to £10,000 or more of cash. 81. One
has to ask: why? Why should a reputable businessman not wish
to pay bills by cheque or credit card - especially if they are
for substantial sums? For his own protection as the high-profile
proprietor of the world's most prestigious store, surely, he would
wish to keep some records, especially for tax and accounting purposes? Does
he demand receipts for his cash payments? If not, is he not knowingly
or impliedly a party to frauds on the Revenue or others? What
about his accounting records? I infer that, whatever the transactions
are, they must contain illicit elements - otherwise he would surely
wish to account for his expenditures for tax purposes so as to
claim the relevant deductions. 82. To test Fayed's assertions
the Inquiry ought to demand production of a record of his cash
transactions for the longest practicable period. My wife and
I have had to authorise the disclosure of all our own financial
records for the period 1985-92 - bank statements, credit card
statements, property transactions, mortgage transactions. In the
absence of independent evidence to corroborate Fayed's allegations
of his credibility ought to be tested in the same way as mine. It
would be instructive to know what kinds of transactions these
cash payments involve. It would also be instructive to know who
is receiving large unrecorded sums of cash from him. 83. It
would almost certainly throw a great deal of light on his probity
or lack of it, which is of direct relevance to his credibility
as a witness who claims to be honest. As his bank will keep
a record of all cheques for at least five years and possibly more
I submit that the Inquiry should demand production of all cheques
drawing cash for the period concerned or for the relevant period
in order to test the truth of his assertion.
THE CHEQUES FOR £12,000 AND £6,000
84. If he prefers "cash as a method of
settling bills rather than cheques" one has to ask also why
he said in paragraph 7 of his witness statement that he personally
paid Ian Greer two cheques (for £12,000 and £6,000). 85.
He falsely alleged that this money was paid to Greer expressly
to pay me and Tim Smith for tabling PQs. As already noted, the
money was actually solicited and paid as contributions to the
1987 election fighting funds of 26 parliamentary candidates, largely
but not exclusively Conservatives. Neither I nor Smith received
any part of it. Neither Fayed nor The Guardian has
ever produced a shred of evidence to justify this allegation.
86. Four questions immediately prompt themselves:
(a) If he really had made such plainly (and
on his own admission) illicit payments to Greer would there not
have been even more reason to make them in cash rather than by
cheque, to reduce their traceability?
(b) If these two extra cheques were really
to cover payments to Smith and me for PQs, and those PQs formed
part of IGA's services to HoF, why were the two above mentioned
payments made from Fayed's personal account and not from a HoF
account?
[HoF made regular monthly payments to IGA
by cheques against invoices, and irregular payments by cheques
against invoices to cover disbursements and special items. Furthermore,
Fayed alleged that Greer told him at the outset that MPs would
need to be paid for PQs as part of IGA's contract (see Fayed quoted
in The Guardian 20 October 1994 and Fayed witness statement
paragraph 2).]
(c) The Cheque for £13,333.
Why, was the cheque for £13,333 in
February 1990 (paragraph 7 Fayed witness statement) paid from
a HoF account and not from his personal account?
Fayed may argue that it was necessary to
route the money through his personal accounts in order to hide
the true nature of the transaction. In that case, why was this
payment made from a HoF account?
Fayed alleges that the £13,333 payment
was made for the same reason as the two earlier payments for £12,000
and £6,000 - Cash for Questions. If that were true one would
expect this payment to have been made also from a personal or
other non-HoF account.
As the special payment of £13,333
was paid against an invoice to HoF it must have been authorised
by Royston Webb. If Fayed is telling the truth about the purpose
of this payment Webb must have known that the money was
". . . for services rendered by MPs
including Mr Hamilton. . ." (Fayed witness statement paragraph
7). I submit that the Inquiry should call Royston Webb to
give evidence on oath about the nature of this payment. Webb
denied knowing anything at all about illicit payments (see transcript
of telephone call between Greer and Webb 20 October 1994). He
went on to say that, if The Guardian had mentioned him
"not by name, but being in receipt of various
documents . . . as an adviser . . . if the inference is that
I was aware of these payments . . . I regard that as professionally
quite damaging." There are only two possible explanations
for Webb sanctioning this payment if Fayed is correct:
(i) either Webb knew that the purpose of
the payments was to pay Smith and me (which he denies); or
(ii) Fayed told Webb to pay the £13,333
but either lied about its purpose or refused to give a reason
for it. Neither explanation seems plausible from his ingenuous
reactions in his conversation with Greer from Dubai - which Webb
had no reason to know was being recorded. The real truth is
that Fayed is lying.
(d) How could this February 1990 payment
possibly be for PQs when Smith last asked a PQ on 23 January 1989
and I last asked a PQ in April 1989? Accounting evidence comprehensively
demolishes Fayed's allegation that Greer paid Smith and me tens
of thousands of pounds for PQs. His allegations that he handed
me cash and vouchers are demolished by the weight of their own
inconsistency and irrationality together with contrary evidence
from an independent witness.
FAYED'S STORY CONFUSED AND CONFUSING. WHO PAID WHAT
TO WHOM?
87. Fayed says in his letter to Sir Geoffrey
Johnson Smith of 5 December 1994 that, in addition to the
sums alleged to have been paid to me by Greer, he (Fayed) paid
me £28,000 in cash and Harrods gift vouchers - which, on
the arithmetic he agreed in his discussion with Hencke, leaves
£6,000 for Smith (a figure, I understand, he has confirmed
in his Submission to the Inquiry). It is obvious that this
arithmetic does not add up. 88. Fayed said to Preston that
I was paid £2,000 per question by Greer. By December
1994 his story was becoming even more confused and confusing -
he now said he paid me himself £2,000 per question "at
a rough guess". By this stage his advisers at least must
have done some basic research and noticed that I had asked nine
or 10 PQs relevant to HOF/Lonrho. That is probably why he invented
the allegation of paying me £20,000 in cash (supplemented
by the inexplicable £8,000 in gift vouchers and the allegations
produced two years later of unspecified thousands more in brown
envelopes). Having started with the total of £34,000
and only thereafter discovering I had asked only nine or 10 PQs,
Fayed was obliged by his own tariff (later disowned) to arrive
at the alleged split between Smith and me. Unfortunately for Fayed,
the arithmetic makes no sense at all.
FAYED ATTEMPTS TO SQUARE THE PAYMENTS CIRCLE
89. Faced with having to provide further details
for The Guardian's Defence, Fayed had to try to square
the circle of accounting for the alleged cash payments to Smith
and me. However, the differences between the amounts which
he alleged he paid to Smith and to me are incomprehensible. 90.
Smith did vastly more than I did, yet he was allegedly paid vastly
less: £6,000 for his 26 PQs compared with £28,000 (plus
many unspecified thousands more "remembered" two years
later) for my nine or 10 PQs. At £2,000 a time Smith
should have been paid £52,000 by Greer for Questions alone.
The modest nature of IGA's retainer of £25,000 per annum
proves, in itself, that Fayed's allegation of massive payments
from Greer to Smith and me is an absurd lie.
91. COMPARISON OF SMITH AND HAMILTON'S PARLIAMENTARY
ACTIVITY
In the 1985-86 Session I asked two PQs; Tim
Smith asked none. In 1986-87 I asked one PQ and Tim Smith
asked nine. In 1987-88 I asked two PQs and Tim Smith asked
16. In 1988-89 I asked three PQs and Tim Smith asked two. I
also tabled one EDM in each Session 1986-87, 1987-88 and 1988-89.
Smith tabled one EDM in 1988-89. Smith also had an Adjournment
Debate on 17 June 1986 (surely worth many times the "going
rate" for a written PQ!) If Greer had indeed been paying
£2,000 per PQ (and presumably additionally from EDMs, etc.)
there would have been little if anything left from his £25,000
pa. Indeed in 1987-88 he would have made a very substantial loss! 92.
Fayed was no doubt alerted by his advisers to this arithmetical
difficulty once they got hold of him. Hence, much later he invented
(and induced his long-serving secretary, Iris Bond, and PA, Alison
Bozek) to assert that he also made payments of £5,000 per
quarter to Greer in cash. Fayed had never mentioned this allegation
to anyone:
- not to Preston and Hencke nor any other
journalist;
- nor does it appear in his witness statement
- which is very detailed about his alleged payments to me. The
Bond/Bozek statements appeared nearly two years after The Guardian
libel; after such a lapse of time, what credibility can attach
to them? 93. If Fayed is capable of inventing stories of cash
payments to me and Greer, he is certainly capable of making actual
cash payments to his long-serving employees to induce them to
tell lies for his benefit. Bozek, in particular, has a known track-record
of lying to official agencies on Fayed's behalf (see below paragraph
147). 94. Realising, by the time of drafting his witness statement
that the allegations he had previously made to Preston and Hencke
would be impossible to justify and easy to disprove, Fayed opted
for studied vagueness and amnesia:
"Mr Smith also came on occasion to meetings
alone with me in 1987, 1988 and 1989 and I also gave him cash
for the work he was doing. The sums involved in total were very
much less than I paid to Mr Hamilton. I have a less clear recollection
of the exact dates and amounts paid to Tim Smith because the sums
involved are much smaller - he was far less greedy - and because
he stopped undertaking parliamentary work at a fairly early stage
. . . " (paragraph 12 witness statement). It seems
that Fayed claims that I demanded and he meekly gave me money
at every single meeting when we were allegedly alone, whereas
Smith's demands were intermittent! 95. If Smith and I were
acting dishonestly and in concert, as Fayed originally alleged,
why was he uncomplainingly prepared to pay me a vastly greater
rate for doing less? Why pay me at all, if he could get Smith
to do the job at a fraction of the cost? His assertion that
Smith was "far less greedy" reveals a new inconsistency
in his claim of a "going rate" of £2,000 for PQs.
If Smith knew of this "going rate" (a necessary implication
of Fayed's story that Greer was paying us both at this rate),
why would Smith adopt a different and "much smaller"
figure when allegedly demanding money of Fayed directly? His
assertion that I was far more "greedy" seems inconsistent
with his statement in his Submission to the Inquiry that I merely
made "thinly veiled requests" for compensation, as opposed
to demands for money. 96. Fayed's explanation that he cannot
remember "the exact dates and amounts paid" to Smith
"because he stopped undertaking parliamentary work at a fairly
early stage" is also impossible to understand. It is inconsistent
with the facts. Smith's last PQ was asked on 23 January 1989;
his last EDM was tabled on 15 May 1989. 97. This is a completely
incredible explanation of the startling contrast between the total
clarity of his alleged recollections of dates and amounts in relation
to me and the total obscurity of his recollections in relation
to Smith. Ten of the 12 alleged payments to me are dated BEFORE
Smith "ceased to act". Only two payments were allegedly
made thereafter, and those dates are only a short time later than
15 May: viz. 27 July and 21 November 1989. 98. Furthermore,
after co-signing Smith's EDM of 15 May I had myself stopped "work",
apart from co-signing two of Dale Campbell-Savours' EDMs on 21
June 1989. So I am at a loss to understand Fayed's attempt to
justify his selective memory lapse by reference to a disparity
of parliamentary activity between me and Smith. It is not consistent
with the facts. It is also impossible to understand any rationale
for the total amount alleged to have been paid. Within that
total it is, if anything, even more impossible to discern any
rationale in the alleged payments and the actual parliamentary
activity allegedly undertaken in return. 99. The following
tables set out the relationship between the alleged payments and
the Parliamentary activity I undertook in relation to matters
of interest to HoF:
Chronology of alleged payments and Parliamentary
activity
Date
7 November 1985 | 2 WPQs (Lonrho and Observer) |
24 February 1987 | 2 WPQs (Replies to letters) |
11 March 1987 | EDM 724 |
13 May 1987 | Meeting (DTI Channon, Hordern, Grylls,
Smith) |
2 June 1987 | Alleged Payment £2,500 cash |
18 June 1987 | Alleged Payment £2,500 cash |
8 July 1987 | Alleged Payment £2,500 cash |
29 July 1987 | Meeting (DTI Young, Hordern, Smith) |
8-14 September 1987 | Ritz visit |
21 November 1987 | Letter (D Young) |
28 January 1988 | Letter (D Young) |
|
Letter (M Al-Fayed) |
18 February 1988 | Alleged Payment £2,500 cash |
7 June 1988 | 2 WPQs (DTI Inquiry progress and cost) |
12 July 1988 | EDM 1358 (Rowland propaganda
barrage) |
19 July 1988 | Alleged payment £2,500 | 29
July 1988 | Letter (D Young) |
1 September 1988 | Letter (M Al-Fayed) |
4 December 1988 | Alleged Payment £2,500 cash |
6 December 1988 | Letter (Waddington) |
15 December 1988 | Alleged Payment £3,000 Gift Vouchers |
25 January 1989 | Alleged Payment £2,500 cash |
15 February 1989 | OPQ (David Leigh and Westland) |
16 February 1989 | Alleged Payment £1,000 Gift Vouchers |
20 February 1989 | Alleged Payment
£1000 Gift Vouchers |
12 March 1989 | Letter (M Al-Fayed) |
21 March 1989 | Letters D Hurd (not sent) and G Younger |
6-12 April 1989 | 4 WPQs (Lonrho arms sales and Marwan) |
7 April 1989 | Letter DTI (Lonrho and Libya) |
18 April 1989 | EDM
758 (Dale Campbell-Savours) |
9 May 1989 | EDM 801 (DC-S) |
May 1989 | EDM 809 (Lonrho and Gaddafi) |
15 May 1989 | EDM 857 (T Smith) |
21 June 1989 | EDM 992 (DC-S) | 21 June 1989 | EDM 993 (DC-S) |
27 July 1989 | Alleged Payment £2,500
cash |
21 November 1989 | Alleged Payment £3,000 Gift
Vouchers |
|
Relationship between alleged payments and parliamentary
activity |
|
Date |
|
November 1985 to February-May 1987 | 4 WPQs
1 EDM 1 Meeting with Ministers |
2 June 1987 | First alleged
payment £2,500 cash |
18 June 1987 | Second alleged payment
£2,500 cash |
8 July 1987 | Third alleged payment £2,500
cash |
29 July 1987 | 1 Meeting with Ministers |
September
1987 | Ritz visit |
November 1987-January 1988 | 2 letters
to Ministers |
18 February 1988 | Fourth alleged payment £2,500
cash |
June-July 1988 | 2 WPQs 1 EDM |
19 July 1988 | Fifth
alleged payment £2,500 cash |
29 July 1988 | 1 letter
to Ministers |
4 December 1988 | Sixth alleged payment £2,500
cash |
6 December 1988 | 1 letter to Ministers |
15 December
1988 | Seventh alleged payment £3,000 Vouchers |
25 January
1989 | Eighth alleged payment £2,500 cash |
15 February
1989 | 1 OPQ |
16 February 1989 | Ninth alleged payment
£1,000 Vouchers |
20 February 1989 | Tenth alleged payment
£1,000 Vouchers |
March-June 1989 | 4 WPQs 3 letters
to Ministers 1 EDM tabled 5 EDMs signed |
27 July 1989 | Eleventh
alleged payment £2,500 cash |
21 November 1989 | Twelfth alleged payment £3,000 Vouchers |
|
Analysis of work done if assumption of alleged
payment in arrears
|
Alleged payments |
|
1. £2,500 | 4 WPQs 1 EDM 1 meeting with Minsters |
2. £2,500 | Nothing |
3. £2,500 | Nothing |
4. Ritz £4,00 | 1 meeting with Ministers |
5. £2,500 | 2 letters to Ministers |
6. £2,500 | 2 WPQs 1 EDM |
7. £2,500 | 1 letter to Ministers |
8. £3,000 GV | 1 letter to Ministers |
9. £2,500 | Nothing |
10. £1,000GV | 1 OPQ |
11. £1,000 GV | Nothing |
12. £2,500 | 4 WPQs 3 letters to Minsters 1 EDM tabled 5 EDMs signed |
13. £3,000 GV | Nothing |
|
Analysis of work done if assumption of alleged
payment in advance
|
|
Alleged Payments |
|
1. £2,500 | Nothing |
2. £2,500 | Nothing |
3. £2,500 | 1 meeting with Ministers |
4. Ritz £4,00 | 2 letters to Ministers |
5. £2,500 | 2 WPQs 1 EDM |
6. £2,500 | 1 letter to Ministers |
7. £2,500 | 1 letter to Ministers |
8. £3,000 GV | Nothing |
9. £2,500 | 1 OPQ |
10. £1,000 GV | Nothing |
11. £1,000 GV | 4 WPQs 3 letters to Ministers1 EDM tabled 5
EDMs signed |
12. £2,500 | Nothing |
13. £3,000 GV | Nothing |
100. Large amounts of money were
allegedly paid for doing nothing and bursts of activity went completely
unrewarded:
In the period March-June 1989 4 of my 10 PQs
were asked, six of my seven EDMs signed and three of my six (The
Guardian says seven) letters to Ministers written. This unusual
burst of activity apparently merited only the alleged "invariable"
£2,500.
There is a cluster of three alleged payments
of £2,500 for no ostensible reason in June and July 1987.
Similarly, two payments of £2,500 in cash
plus three payments in gift vouchers to a total of £5,000
(£3,000, £1,000 and £1,000) were allegedly made
for no ostensible reason between October 1988 and February 1989.
101.
There is virtually no related parliamentary activity in exchange
for these large alleged payments, whether viewed as alleged payments
which are contemporaneous, in advance or in arrears. So why
would Fayed have meekly paid up? What is the logic of Fayed's
alleged behaviour, considering that nine of his 12 alleged payments
are dated after my visit to the Ritz, where he felt (see paragraph
11) that I had "abused his hospitality"? This supposed
gratuitous generosity is inconsistent with the reason he gave
for his alleged refusal of a request for a return visit to the
Ritz. 102. The irrationality of his original allegations is
striking enough. But that was compounded on 27 September 1996
when Fayed's employee witnesses were suddenly produced from thin
air to allege that, in addition to the payments alleged above,
still more unspecified amounts were allegedly paid in cash in
brown envelopes on unspecified dates; additionally £2,000-£3,000
was allegedly given immediately prior to my departure for the
Ritz. 103. These utterly inexplicable allegations call to
mind a remark made by A P Herbert's father:
"Sir, your last remark is like the 13th
stroke of a crazy clock which not only is itself discredited but
casts a shade of doubt over all previous assertions." It
is surprising, for example, that Fayed's generosity was augmented
rather than diminished by his feeling that I had abused his hospitality! 104.
Fayed's allegations of payments in cash are very perplexing, particularly
he is emphatic that I explicitly related my demands to parliamentary
activity:
"Whilst I knew that I was already paying
Ian Greer Associates a consultancy fee, Mr Hamilton would tell
me that he was undertaking a lot of work for me, that it was expensive
and that he needed money for that work." (paragraph 4 Fayed
witness statement). He goes on to reinforce this rationale
(but does not explain what "expensive. . .work" needed
reimbursement):
"During the period I made payments to Mr
Hamilton he was undertaking a large amount of Parliamentary work
for me . . . each time I made a payment to him at his request
it was because he had or was going to undertake some Parliamentary
work for which it was appropriate to be paid." This
reasoning is flatly contradicted by the facts set out above.
FAYED'S SELECTIVE AMNESIA
105. Oddly, although his memory is apparently
good enough to remember the varying amounts allegedly paid (which
are not supported by documentary records), he cannot remember
the specific activities to which any of those numerous alleged
payments supposedly relate (which are recorded in documents)! 106.
He seeks refuge in convenient obscurity:
"I cannot now remember the specific activities
he undertook each time he visited me to ask for money."
" . . . some of what he did, for example
speaking to other MPs or Government Ministers, is not recorded." He
has never identified any of these individuals, nor the subjects
allegedly discussed, nor noted any result of my alleged lobbying. 107.
Greer was meticulous in reporting back to Fayed when there was
any activity - as is evident from the Discovery documents and
Fayed's own telephone message records. It would be strange for
Greer not to have produced some notes of all this "unrecorded"
activity in view of The Guardian's description of IGA's
role in paragraph 5(4) of their pleaded Defence:
". . . Hamilton was a member of a group
of four members of Parliament . . . co-ordinated by IGA, who
comprised the parliamentary lobbying operation for House of Fraser
and Al-Fayed, and who (separately or together) met regularly with
IGA and Al-Fayed to discuss tactics." Presumably
Greer would have wished to demonstrate, for his own commercial
reasons, how busy and influential he was being. 108. Fayed
clearly did not understand when he made his original allegations
about me that he was in danger of incriminating himself if he
were believed - that it is as much an offence to offer a bribe
as to receive it, particularly if it were related, as he alleged,
to specific Parliamentary activity on a tariff basis (see Commons
Resolution 2 May 1695 C J (1693-97) 331). It is amusing, therefore,
to see the effects of his lawyers subsequent attempts to steer
Fayed out of this danger in paragraph 44 of his Submission to
the Inquiry. Quite contrary to Fayed's original specific allegation
of £2,000, per PQ or even his "rough guess" of
£2,000, he now says:
"There never was any tariff . . . Nor
was there any quid pro quo. . . Mr Fayed did not pay a
sum of money on each occasion . . . . By the same token, there
was not any prescribed amount paid for anything . . . . There
was no contract or agreement placing a restriction on Mr Hamilton
with respect to his conduct in Parliament or imposing any requirements
to take any action in Parliament in exchange for payments."
(Fayed Submission paragraph 44). This statement flatly
contradicts Fayed's categoric assertion in paragraph 4 of his
witness statement that
" . . . each time I made a payment of money
to him . . . it was because he had or was going to undertake some
Parliamentary work." In June 1995 he clearly alleged
that there was a quid pro quo. In January 1997 he denies
it. Fayed has quite clearly been induced by his advisers to
change his evidence in order not to contravene the House's Resolution
of 15 July 1947 as amended on 6 November 1995 (of which he was
blissfully unaware when he made his original allegations to Preston
et al.). 109. Selective amnesia and unaccountable gaps
in important contemporaneous documentation are notable features
of Fayed's catalogue of lies. But it is also a feature of The
Guardian's case.
THE GIFT VOUCHERS
Hencke and Preston - gaps in the memory 110.
For example, just as Fayed does not explain what activity the
alleged £8,000 of gift vouchers relates to, Hencke says (paragraph
19):
"I do not remember whether or not Mohamed
Al-Fayed mentioned giving Neil Hamilton shopping vouchers - he
may have done so in passing." Hencke does have
notes of his meeting with Fayed but cannot remember this detail.
Paradoxically, he has no notes at all of his discussions with
Preston, but is nevertheless able to recall:
"Peter Preston had certainly told me that
Mohamed Al-Fayed had given shopping vouchers to Neil Hamilton." As
noted already, Preston has "lost" his "jottings"
of the ten or more interviews he had with Fayed, so there is no
documentary corroboration. 111. As the gift vouchers were,
to all intents and purposes, like banknotes it is difficult to
understand why Hencke should say:
"I was not as interested in the vouchers
as I was in the cash." 112. Fayed has never explained
the difference in behaviour between on the one hand, my alleged
boldness in asking for cash and, on the other my alleged reticence
in relation to the vouchers: i.e., allegedly I baldly "requested"
cash (eight occasions) but only "broadly hinted" I wanted
gift vouchers (four occasions). 113. He has also failed to
explain why, as alleged, he gave me invariable amounts in cash
(£2,500) but variable amounts in vouchers - £3,000 on
two occasions and £1,000 on two occasions. 114. Nor has
he explained why I would want gift vouchers in preference to cash. The
vouchers could be traced (through serial numbers) whereas cash
could not. Also vouchers would be exchangeable only in Harrods;
why would I wish to restrict myself to the one location, which
whilst of high quality is also expensive? 115. Even on the
voucher allegations Fayed has been inconsistent. The News of
the World of 23 October 1994 carried an "Exclusive"
story under the headline:
- "Minister: I didn't take Harrods
voucher". This story was given to the paper by
"a close aide" of Fayed, presumably Michael Cole, Fayed's
PR officer. Having failed to get me sacked on day one, this allegation
was clearly invented to put further pressure on me to resign.
Chris Anderson, the reporter, wrote:
"Now the Fayed camp has raised the stakes
in a clear bid to force the Minister's resignation." 116.
There are two inconsistencies in the story:
(a) Fayed has always maintained that he
gave me £8,000 in gift vouchers but
"the Al Fayed aide said no record had been
kept of the number of vouchers the Minister had received. But
he agreed their total value would have been around £15,000."
(b) The aide also said: "They were
usually £1,000 vouchers" and the article was accompanied
by a photograph of a specimen £1,000 Harrods voucher which
could have been provided only by Fayed's aide.
Fayed himself has always maintained that
he gave £100 vouchers in four tranches, two of £1,000
and two of £3,000. 117. In view of Fayed's obvious lack
of grasp of detail on any subject it is truly remarkable that
he should be able, without any documentary record, to remember
after a lapse of five years or more the exact amounts of gift
vouchers allegedly given on the four dates. 118. Fayed should
be asked in oral evidence, without notice and without resort to
documents or prompting, to recount the dates and amounts alleged
to have been given to me. He should have no difficulty in remembering
as he was able to do this from memory for the drafting of the
D J Freeman letter, there being by his own admission no documentary
record of these alleged payments. It is highly unlikely that
he would remember the detail even though he has set it out so
precisely on paper. Given the gravity of his allegations, the
detail ought to be in the forefront of his mind. Failure to recall
the detail correctly should be another pointer to the falsity
of his claims.
MICHAEL COLE THE MEDIA MANIPULATOR
119. This story illustrates very well the manipulative
techniques which Cole employs to disseminate Fayed's lies. 120.
He had first trailed it without identifying me, his victim, in
the previous day's Daily Mail, where a story appeared under
the headline:
"Riddle of the Tory and Harrods gift vouchers." Cole
told Gordon Greig:
"two more Ministers have been asked to
answer allegations of corruption" and "a senior Tory
MP had accepted Harrods gift certificates worth thousands of pounds".
(Daily Mail 22 October 1994). 121. This "leak"
was contrived to keep pressure on the Government by conveying
the impression that two more Ministers and a senior backbencher
were about to become embroiled in the scandal. In fact, the
two Ministers "asked to answer allegations of corruption"
were not newcomers to the saga at all, but Michael Howard and
Jonathan Aitken, who had been in Fayed's sights from the beginning;
and the "senior Tory MP" was me. 122. Fayed, himself,
is directly quoted in this story. Greig had been told:
"Mr Fayed appears determined to pursue
his claims. He has gone back through his personal diary to produce
a list of times and dates that the senior Tory he accuses had
visited him.
"Some meetings were in his suite of private
offices, guarded by former SAS men, at the top of the Harrods
building. Others were at 55 Park Lane, where Mr Fayed owns a building
which houses his penthouse home.
"He said yesterday `I saw him countless
times in the late 1980s. Every time it seemed to see me (sic)
he was having an anniversary or a birthday or his wife's birthday'.
"`I must have given him gift certificates
worth thousands of pounds. I used to say "Have these on me
and go and spend them'. " His personal diary pages were
the only evidence he produced to back up his cash/voucher allegations
(until the long-serving employee witnesses were suddenly produced
on 27 September 1996). He has in the last two years accused
no-one other than me of accepting vouchers. So this can have referred
only to me. That being so, there are four more inconsistencies
revealed by his reported remarks:
CAN FAYED VOUCH FOR THE VOUCHERS? - FURTHER INCONSISTENCIES
123. First, he says that I visited him at 55
Park Lane, which he also owns. In his witness statement he is
quite clear that:
"Mr Hamilton . . . visited me either
at Harrods or at my London residence 60 Park Lane." (paragraph
3 Fayed witness statement). This could be a mistake of Greig's.
But there was no reason for him to know that Fayed also owned
55 Park Lane. 124. Second, his remarks in the Daily Mail make
no mention of my asking for vouchers. In fact, he unambiguously
states the opposite - that he took the initiative in offering
them to me:
"I used to say `Have these on me and go
and spend them'." 125. Third, in his witness statement
he enumerates exactly the number of times he alleges he handed
over gift vouchers - four times. But the implication of his remarks
to the Daily Mail is that there were many more times:
"I saw him countless times in the late
1980s. Every time it seemed to me he was having an anniversary
or a birthday or his wife's birthday . . . I must have given
him gift certificates worth thousands of pounds." The
dates on which the vouchers were allegedly given bear no relation
to any of my or my wife's anniversaries or birthdays. In fact
three of them were in very quick succession for no apparent reason
- 15 December 1988, 16 and 20 February 1989. Fayed obviously
contrived his original cash (and subsequent voucher) allegations
in such a way as to require me to prove a negative (that I did
not receive these sums). He carefully selected dates in his diary
which allegedly record meetings between us with no-one else apparently
present. He then made up his story that "on each occasion
when he and I were alone he asked for money" (paragraph 4). I
cannot confirm or deny meeting Fayed on the dates alleged (save
the meetings concerning Timothy O'Sullivan) as, unfortunately,
I no longer possess my engagement diaries for the relevant years.
It could well be that, as sometimes happened, meetings which had
been agreed were postponed at short notice and rescheduled, without
the necessary diary-erasure being made. 126. Fourth, his witness
statement, a solemn and important document in which he ought to
be extremely careful to ensure accuracy and freedom from ambiguity,
contains an inconsistency even on this vitally important allegation.
In fact there are four different versions:
(a) In paragraph 4 he says I always asked
for money.
(b) But in paragraph 9 he says that on four
occasions I did NOT ask for money - merely "broadly hinted
I wished to go shopping"!
(c) Michael Cole, however, told the News
of the World that
"Mr Al-Fayed has claimed the senior
Tory demanded vouchers".
(d) Cole's account contradicts Fayed's
as reported above in the Daily Mail article by Gordon Greig:
("Have these on me").
Both Fayed and Cole are lying. 127.
Fortunately, I am not entirely dependent on textual analysis to
reveal Fayed's lies. On one occasion I was accompanied by an independent
witness: Timothy O'Sullivan.
THE FORGOTTEN WITNESS - TIMOTHY O'SULLIVAN
128. Timothy O'Sullivan, an author friend of
mine of long-standing, was planning a book on the Royal Household
and royal servants in particular. My wife and I had given
blow-by-blow accounts to all our friends of our visit to the Ritz
and the Duke of Windsor's villa (so much for The Guardian's
allegations of concealment!). In the course of such a conversation
with O'Sullivan he expressed a desire to meet the Duke's butler,
Sidney Johnson, who had given us a tour of the Duke's villa in
Paris (which had been the original purpose of Fayed's Ritz invitation).
Fayed had taken Johnson over with the villa. 129. I agreed
to ask Fayed if Johnson would agree to be interviewed. Fayed arranged
this and a meeting took place at 60 Park Lane at noon on 24 May
1988. I was present but Fayed was not. 130. Some time later
O'Sullivan and I discussed the potential for books in several
other Fayed-related topics viz. the Paris Ritz, the Windsors'
Paris villa and Harrods. I agreed to approach Fayed once more
on O'Sullivan's behalf and see if I could interest him in any
of these projects. 131. Fayed agreed to see us and I took
O'Sullivan to meet Fayed at Harrods at 5 pm on Monday 20 February
1989. Fayed, having forgotten that O'Sullivan was with me,
later dishonestly claimed that on this occasion he handed me £1,000
in gift vouchers.
132. In paragraph 5 of his witness statement
dated 26 June 1995 O'Sullivan states:
"Throughout the time we spent at Harrods
Neil and I were constantly in each other's company. In particular,
Neil was not at any time alone with Mr Al-Fayed. Mr Al-Fayed did
not at any time during the visit give Neil any money, whether
in the form of cash, cheques or otherwise. Nor did Mr Al-Fayed
give Neil any vouchers. In fact I do not believe any papers passed
between those at the meeting other than" ... (a
book O'Sullivan had written on Thomas Hardy, which he gave Fayed
as evidence of his writing ability and published work).
The Guardian has never contradicted O'Sullivan's
statement. Fayed did so only in oral evidence to the Inquiry
on 23 January 1997.
(D) FAYED'S FOURTH SET OF ALLEGATIONS
Fayed's last minute employee witnesses The Guardian
draft amended defence 27 September 1996
133. Each of Fayed's three sets of allegations is discredited:
- by accounting evidence;
- by independent witness evidence;
- and by the weight of their own contradictions
and irrationality.
In so far as they depend upon his uncorroborated
word they are also fatally flawed by evidence of his previous
dishonesty as a witness.
134. Presumably, that is why, on 27 September
1996 Fayed suddenly produced out of thin air a set of wholly
novel allegations and three long-serving employees as witnesses.
Given the importance of these witnesses and their evidence it
is startling that they were not produced until nearly two years
after publication of The Guardian libels and only a few
days before the trial of my libel action was due to begin.
135. The witnesses were as follows:
(a) Philip Bromfield, a security guard
at Fayed's apartment block at 60 Park Lane, who falsely claims
to remember my collecting an envelope of unspecified contents
twice in the years 1987-89.
(b) Iris Bond, a secretary in Fayed's office
since 1979, who falsely alleged that Greer was paid additionally
£5,000 quarterly in cash.
(c) Alison Bozek, Fayed's PA from 1981-94,
who falsely alleged that he paid me unspecified sums of cash,
stuffed into brown envelopes, which were either left for collection
at the reception desk at 60 Park Lane on unspecified dates or
which were delivered to me at unspecified addresses on unspecified
dates.
(A) THE SECURITY GUARD
136. Philip Bromfield, a security guard employed
by Fayed since 1983 at 60 Park Lane, made a statement on 27 September
1996 that he remembered "at least two occasions" on
unspecified dates when an envelope was sent down to the front
desk from Fayed's office.
He also "remembered" that he was informed
that I would be
"stopping by to collect the envelope".
He also "remembered" that
"on each of these occasions Mr Hamilton
personally came to the front desk and told me his name and then
asked me if I had an envelope for him. Because I recognised Mr
Hamilton I would hand over the envelope to him." These
allegations are lies.
137. Bromfield entered this saga two years after
the commencement of legal proceedings against The Guardian
and well over three years after Fayed first made his allegations
to Preston. He purports to recall details of the utmost insignificance
to him which occurred (allegedly) between seven and nine years
ago.
138. He does not say what the envelopes purportedly
contained. Even if I had "at least twice" collected
envelopes as alleged, why should he remember such a trivial occurrence
after such a lapse of time? It would be interesting to know whether
handing over envelopes full of cash to callers is a regular part
of his duties.
139. I have no recollection of ever collecting
an envelope from 60 Park Lane; I went there only to meet Fayed
or Sidney Johnson.
140. In the 1980s, apart from a very brief
burst of publicity surrounding my success in a libel action against
the BBC in October 1986, I was to all intents and purposes an
unknown backbencher. My photograph rarely appeared in the national
Press (and almost never outside the parliamentary reports in the
"quality" newspapers). I rarely appeared on TV.
141. As my limited parliamentary activity on
behalf of Fayed generated no personal publicity for myself, even
if one makes allowance for the possibility of some gossip amongst
Fayed employees, it is difficult to see why Bromfield should
have paid much attention to me at the time - and even more difficult
to see why his recollections should be so clear after all this
time.
142. A security guard ought to be a person of
high probity. But Fayed on occasion instructs his security personnel
to do his dirty work for him.
Noteworthy in this respect is John McNamara,
HoF Head of Security and, presumably Bromfield's boss. Christoph
Bettermann wrote to me on 3 January 1997 to give me some examples
from his own personal experience of McNamara's dishonesty: In
the Bettermann case McNamara
(a) clandestinely recorded a conversation
with Bettermann and lied when Bettermann asked him whether he
was doing so;
(b) lied in telling Bettermann that Hamid
Jafar was not the owner of Crescent Petroleum, Bettermann's employer;
(c) lied in saying that one of Bettermann's
colleagues had freely signed a statement saying that Bettermann
had defrauded Fayed's company, IMS, of $450,000.
The Bettermann case is examined in Appendix
3 for the light which it throws upon Fayed and his employees
as accomplices in the manufacture and dissemination of lies.
143. McNamara also collaborated with Fayed's
personal assistant, Mark Griffiths in producing the fabricated
Francesca Pollard letters, which were riddled with lies about
Michael Howard, Tiny Rowland and many others.
Reference is made in Appendix 4 to the Francesca
Pollard case in connection with the attempts by Fayed to destroy
the reputations of the Members of the Trade and Industry Select
Committee and its Special Adviser, Dr Barry Rider, who were investigating
the DTI's failure to seek Fayed's disqualification as a company
director after the DTI Inspectors' criticisms.
If HoF's Head of Security can be such a willing
tool of Fayed and guilty of so many acts of dishonesty it is
not difficult to imagine a junior guard following his example.
The rewards would no doubt be ample; the penalty for refusing
to participate no doubt severe.
(B) THE SECRETARY AND THE PERSONAL ASSISTANT
144. Two other witnesses from amongst Fayed's
aides in his inner sanctum were also simultaneously produced.
IRIS BOND had been a secretary in Fayed's office
since 1979.
ALISON BOZEK was Fayed's PA from March 1981
to September 1994, since when she has been a trainee solicitor
with Allen and Overy.
145. Both of them claim to have been witnesses
to Fayed's stuffing brown envelopes with cash destined for me,
to have done so themselves and to have left such envelopes for
collection at the reception desk at 60 Park Lane.
146. (Bozek's legal career ought to be cut
short in view of her past dishonesty (as to which see below paragraph
147) and her lies to the Inquiry. Her ingenuous confession to
being Fayed's accomplice in bribery (as to which see paragraph
144 (f), (i) and (j) below) stands in marked contrast to the apparent
fastidiousness of Royston Webb, Fayed's senior in-house legal
adviser. In a conversation with Ian Greer on 20 October 1994
Webb says:
"I gather that I was mentioned, not by
name, but being in receipt of various documents that were . .
. as an adviser. Now I'm going to have a serious word with Peter
Preston about that because if the inference, when I've read the
article in a considered fashion, . . . is that I was aware of
these payments, then Preston is going to print a withdrawal of
that. Because I regard that as professionally quite damaging."
(page 4 transcript)).
There are many inconsistencies and perplexities
revealed by their witness statements:
(a) Addresses of the invoices.
Bond's very first assertion (a simple
matter of fact) in her witness statement is incorrect. She says:
"Ian Greer Associates would send invoices
to the 60 Park Lane offices for payment. These invoices would
then be forwarded to the accounts department for payment."
The documents disclosed on Discovery reveal that there were
two kinds of invoice sent by IGA to HoF and neither of them went
to 60 Park Lane - nor were they forwarded to "the accounts
department". Fayed had nothing to do with paying them.
First, a monthly retainer invoice was sent in
the relevant years directly to Royston Webb at 14 South Street;
secondly, invoices for disbursements and extra charges were sent
directly to J Molloy (Company Secretary of the Al-Fayed Investment
Trust, the Fayed holding company) at the same address. This system
continued until 30 April 1991 when the invoices were sent directly
to the same individuals but at a new address, 55 Park Lane.
(b) £5,000 bundles or £2,500?
- Bond contradicts Fayed.
Bond says she remembers taking £5,000 in
cash to Harrods.
"as (Fayed) was expecting Mr Hamilton there".
The implication of this is that the whole £5,000
was destined for me. This is inconsistent with Fayed's statement
about his invariable practice of giving me £2,500 bundles
and also that I took the initiative in demanding the money.
"There were a number of occasions when
Mr Hamilton came to see me at Harrods or at my residence at 60
Park Lane and on each occasion when he and I were alone, he asked
for money . . . I felt embarrassed to turn him down and so
I invariably gave him a bundle of £2,500." (Paragraph
4 Fayed witness statement).
(c) New allegations of £5,000 cash
per quarter for Greer.
Bond alleges, for the first time in these proceedings,
that Greer received, in addition to the sums invoiced to HoF,
"quarterly payments of £5,000 in cash".
Greer emphatically denies this allegation. It
is notable that Bozek says, inconsistently with Bond's story,
that the amounts varied:
"On occasion, Mr Al-Fayed would ask me
to place amounts of cash in an envelope for Mr Greer and I recall
putting amounts of between £2,000 and £5,000 in envelopes
at various times." (para. 5).
What were these alleged payments for? Clearly
they can have had nothing to do with bribing MPs for putting
down PQs if the quarterly amount never varied from £5,000,
given that the volume of parliamentary activity varied a lot.
Why were these payments made in cash from Fayed
personally, whereas the HoF monthly retainers, intermittent extras
and the £13,333 special payment were all made by HoF cheque?
Were these payments reported to HoF accountants and Royston
Webb? If not why not? Were these payments reported to
the Inland Revenue? If not, why not?
(d) Greer's alleged telephone calls asking
for cash.
Bond also alleges that:
"On these occasions I would inform Mr Al-Fayed
that either Ian Greer or his secretary had telephoned asking
for payment." (paragraph 4).
Greer's secretary during this period, Liz Swindin,
will be able to deny making any such calls.
If such payments were regularly £5,000
a quarter one wonders why Greer would have had to telephone for
them. Bond's statement implies that Greer invariably telephoned
for these payments. Why would he invariably need to telephone
Fayed given that he regularly met him in one-to-one meetings at
Fayed's offices? Furthermore, Greer would certainly not need
to take the risk of implicating his secretary in such an obviously
illicit arrangement (with all the dangers incurred thereby for
himself).
It is even more unlikely that Greer would expose
himself to the obvious dangers of leaving such dangerously incriminating
messages, which would have been written down or recorded by Fayed's
secretaries, whom he would not have known whether to trust.
A file of telephone messages was disclosed by
Fayed for the first time in early September 1996. Despite Bozek's
evidence of the frequency of his importunate telephone calls,
only two such demands are purportedly recorded in the file.
These alleged demands for payment are recorded
only for the 18 or 19 September 1988 (this note is not dated
and I am surmising the date from its position in the book) and
again on 4 November 1988.
Both of these demands refer to the same period:
July, August, September 1988. The later message reads.
"To: MF Date: 4 November Time:
11.15
From: Ian Greer
Message: You owe July, August, September £5,000
Iris tell AF" It is incredible that only one demand
should have been recorded if this happened every quarter and especially
so as, according to Bozek:
"Mr Greer would often phone and ask me
whether Mr Al-Fayed had left an envelope for him . . . Mr Greer
was very persistent and would sometimes phone four or five times
asking for the envelope." Furthermore, if the allegation
were true it is surprising that there are not more "reminder
to pay" messages as, according to Bozek:
"Sometimes Mr Al-Fayed expressed annoyance
with Mr Greer asking for cash and would make him wait for his
money." I believe that these messages are wholly or
partially forgeries.
(e) Bond and Bozek disagree - where was
Greer's cash delivered? Bond's statement is inconsistent with
Bozek's.
(i) Bond is categoric: Fayed invariably instructed
his staff to send the money from his office to Greer.
Having told Fayed about Greer's phone call
demanding money:
". . . Fayed would in my presence place
two bundles of £2,500 notes in £50 denominations in
a plain envelope which he would then instruct me to deliver to
Mr Greer. I would then arrange for a porter to deliver the envelope
to Mr Greer at his office, although sometimes Mr Greer personally
collected these envelopes from the reception desk at 60 Park Lane
and I believe on some occasions he arranged for a courier to
make collection." (paragraph 4).
(ii) According to Bozek, however, Fayed would
sometimes hand it to him in a meeting:
"Mr Al-Fayed . . . would . . . in my presence
put £50 notes, made up in bundles of £2,500, in an
envelope which he would then either give to me to arrange for
delivery to Mr Greer or hold ready for his meeting with him."
(f) Why would Fayed personally stuff the
envelopes? Bozek says that she did the stuffing:
"On occasion Mr Al-Fayed would ask me to
place amounts of cash in an envelope for Mr Greer and I recall
putting amounts of between £2,000 and £5,000 in envelopes
at various times" and
"Mr Al-Fayed would . . . instruct me to
get an envelope and place the cash in an envelope for Mr Hamilton.
This happened on several occasions." (paragraph 7).
Bozek was obviously trusted implicitly by Fayed
as she apparently had access to large amounts of untraceable
cash and was knowingly party to numerous illicit activities.
As she was so trusted in these matters it is
difficult to understand why Fayed went so frequently, but not
invariably, through the ostentatiously elaborate procedure of
asking for the envelope, asking for the cash and then always
putting the cash in the envelope in the presence of a witness.
Unless he felt the need to practise his ability to stuff envelopes
why would he perform this administrative task himself? Bozek
is now a trainee solicitor and Fayed clearly intends the Inquiry
to be impressed by the implicit probity of a member of that profession.
However, it must have been clear to her, by the regularity of
the alleged cash payments and the irregularity of the method
of payment, that these must be illicit transactions.
Her explicit willing complicity in dishonesty
must call into question the truthfulness of her evidence - especially
when combined with evidence of her previous false statements (see
paragraph 147 below).
(g) Greer more memorable than Hamilton.
Bozek's statement does not mention a specific
amount of cash in "my" envelopes. She recalls simply
that:
". . . Fayed would, in my presence, place
cash in an envelope . . . or instruct me to place cash in an
envelope for Mr Hamilton." (paragraph 7).
This allegation is curiously lacking in detail
when compared with the precision of her recollections of the
amount allegedly paid to Greer:
". . . Fayed . . . would then, in my presence,
put £50 notes, made up in bundles of £2,500 in an envelope
. . ." (paragraph 4).
and her vague recollection of the amount allegedly
paid to me prior to the Ritz trip:
" . . . between £2,000 and £3,000
. . ." (paragraph 9)
(h) Bond/Bozek inconsistencies - the cash
totals.
Bond asserts that the bundles of cash were always
£5,000 for Greer and £2,500 for Hamilton:
"Mr Al-Fayed would in my presence place
two bundles of £2,500 notes in £50 denominations in
an envelope which he would then instruct me to deliver to Mr
Greer."
". . . prior to a meeting with Mr Hamilton,
Mr Al-Fayed would make a remark to the effect that he was coming
to collect his money and would prepare an envelope for him with
a bundle of £2,500 notes in my presence." (paragraph
6) Bozek, however, recalls "putting amounts of between
£2,000 and £5,000 in envelopes at various times"
allegedly for Greer.
If the sums paid were supposedly related
to "work done" (as in "every month we got a bill
for parliamentary services and it would vary from £8,000
to £10,000 depending on the number of questions": Guardian
20 October 1994) it is inexplicable that they were invariably
£2,500 and £5,000.
If they were not related to work done, why were
they paid?
(i) A blizzard of cash. How many payments?
Bozek alleges that:
"Mr Hamilton phoned the office on numerous
occasions enquiring whether Mr Al-Fayed had an envelope ready
for him." (paragraph 7).
and that:
"Mr Hamilton was as persistent as Mr Greer,
if not more so, in asking for his envelope. He would sometimes
phone saying that he would be stopping by at very short notice
to pick up the envelope." (paragraph 8).
These allegations are lies.
Bozek implies that there were many such payments,
although she does not specify the exact number.
First, she alleges that there were times when
an envelope had already been prepared prior to a phone call:
"Mr Hamilton phoned the office on numerous
occasions asking whether Mr Al-Fayed had an envelope ready for
him. If an envelope was prepared . . . I would tell (him to)
come . . . to pick it up." (paragraph 7).
It is reasonable to assume from this language
that this happened at least three times and possibly more.
Secondly, she alleges there were occasions when
no envelope had been prepared prior to a phone call.
These occasions can be further sub-divided into
two types, for she clearly states that Fayed himself on some
occasions and she on others put the cash in the envelope:
"If no envelope was ready . . . Mr Al-Fayed
would, in my presence, place cash in an envelope for me to arrange
for delivery to Mr Hamilton, or instruct me to get an envelope
and place the cash in the envelope for Mr Hamilton." (paragraph
7).
As a trainee solicitor with a top-flight
City firm the Inquiry is entitled to assume that she has chosen
her words with precision.
The language employed implies that Fayed and
she each did this at least two or three times. So she is alleging
a minimum of half a dozen or so instances in addition to the
other three or more mentioned in the last paragraph.
(j) The Ritz cash advance. Tricks of memory
She also alleges that she left an envelope containing money
for me to collect prior to my departure for the Ritz. Here she
employs an interesting form of words:
"Mr Al-Fayed asked me to leave an envelope
containing between £2,000 and £3,000 at the reception
desk" (paragraph 9).
What does she mean? Did Fayed not stipulate
an exact amount? Was she given a discretion over exactly how
much to hand over? Did she, perhaps, on occasions keep some for
herself? Her memory of the preparatory telephone conversation
is apparently good enough, after a lapse of nine years, to recall
trivial elements; e.g., that I . . .
" . . . made no mention of staying at
Mr Fayed's private apartment" and also that "before
I (i.e. Bozek) had a chance to phone, Mrs Christine Hamilton
telephoned me." (paragraph 9).
But she cannot apparently remember the precise
amount of money that she personally stuffed in the envelope.
[Incidentally, to the best of my recollection
I can say that, prior to our departure for France we did not go
via London. We drove from Cheshire to Portsmouth, where we stayed
the night with my parents and caught the ferry to Cherbourg early
the following morning. We then stayed for several days with a
family friend who lived in Carentan (Normandy) before driving
on to Paris. Bozek should be invited to say, without being told
these details, when she thinks she left the envelope for collection
prior to the Ritz visit.] Unlike Bozek (whose trained legal
mind seems somewhat erratic) Fayed and Bond are blessed with total
recall. They say with precision that the amount handed over was
invariably £2,500.
In view of Bozek's precision on some less memorable
elements of the story one can only speculate on why, except for
a vague recollection in one instance, she is always silent in
her witness statement on the very important question of the amounts
of money allegedly in envelopes destined for me.
By contrast, curiously, her memory is very
clear in the case of Greer:
" . . . (Fayed) would then, in my presence,
put £50 notes, made up in bundles of £2,500, in an envelope."
(paragraph 4).
In the case of Bozek, fortunately, there is
a precedent. This is not the first time she has given false evidence
on Fayed's behalf.
BOZEK'S PREVIOUS LIES
147. On Fayed's instructions she previously
made a false declaration to secure permission to enter the UK
for a Chinese Sri Lankan cook employed at Fayed's residence in
Surrey.
Christoph Bettermann has very clear recollections
of this lie and is prepared to give evidence to the Inquiry on
oath on this and all other statements ascribed to him.
In 1989-90 Fayed wanted a cook to work for him
at his country house in Oxted, Surrey. International Marine Services,
(the Fayed company based in Dubai, of which Bettermann was MD),
had its own catering department and Fayed asked that the company's
best cook be sent for testing and training to England.
Bettermann sent a Sri Lankan by the name of
Ho Chee Sing. Fayed liked the man and his cooking. IMS were informed
that he would not return to Dubai but would stay in Oxted and
Fayed would obtain the necessary visa for him.
Some time later Fayed told Bettermann that he
might be questioned by Immigration officials about Ho Chee Sing
as he had been apprehended when re-entering the UK. When questioned,
Ho had given Bozek's address and telephone number.
Upon Fayed's instructions, Bozek confirmed Ho's
story and told Immigration officials that Ho was to stay with
her during his visit to London. Bozek said that she lived with
Bettermann at that address as his girlfriend and that he was
Ho's boss.
Apart from Bettermann being Ho's boss, this
was completely untrue. Bettermann never had a relationship with
Bozek; he did not live with her, had never visited her home and,
indeed, did not know where it was.
Fayed later told Bettermann of this and asked
him to confirm this story if he was questioned.
WHY WERE THESE EMPLOYEES TWO YEARS LATE IN COMING
FORWARD?
148. Fayed's witness statement makes it absolutely
clear that there was no corroborative witness to his alleged
direct cash payments.
"Our meetings were alone and, although
my diary confirms the dates of the meetings no-one else would
have seen the money being given to Mr Hamilton." (paragraph
4) However, by the time we were nearing trial, Fayed obviously
felt that his story lacked credibility without corroboration.
149. The pattern of alleged payments is irrational
and many of his claims are absurd. But the most dangerous problem
for him was that I had produced a witness (Timothy O'Sullivan
- see paragraphs 128-32) who accompanied me on one occasion when
he allegedly gave me gift vouchers. He had forgotten about him
and it was not until we had exchanged witness statements that
he was reminded.
150. That explains why he later felt the need
to produce his own corroborative witnesses - but in typical Fayed
fashion he went over the top. He produced three, two of whom claimed
to have been intimately involved in preparing bundles of cash.
Iris Bond's witness statement ostentatiously
states that
"on several occasions prior to a meeting
with Mr Hamilton, Mr Al-Fayed . . . would prepare an envelope
for him with a bundle of £2,500 notes in my presence"
after Fayed had made
"a remark that he was coming to collect
his money". (paragraph 6).
Similarly, Alison Bozek
would inform Mr Al-Fayed of Mr Hamilton's call
and Mr Al-Fayed would, in my presence, place cash in an envelope
for me to arrange for delivery to Mr Hamilton." (paragraph
8).
Bond was produced as a late witness purportedly
to corroborate Fayed's claim to have handed money to me face-to-face.
But Fayed must have contemplated (with good reason) that her late
appearance might damage her credibility.
Hence, he produced Bozek as a witness to an
analogous but wholly novel fabricated transaction - cash in brown
envelopes.
The late appearance of these witnesses can be
explained only by the need to plug the gaps in Fayed's evidence
which were revealed to him after the production of my witness
statement and to avoid the need for him to give evidence in Court.
FAYED THE AMNESIAC
151. Alan Rusbridger has written that:
"Fayed may not have a head for detail .
. . " (Spectator 26 October 1996).
But, surprisingly, Fayed's memory for detail
is apparently so good that he could, without any documentary
record, recall five to seven years after the event, the different
amounts he supposedly gave me in cash or gift vouchers on different
dates.
(a) Fayed "forgot" about Bond.
If his memory is so powerful it seems
a curious lapse to have "forgotten" until a few days
before the trial that "on several occasions" Bond was
"in his presence" and watched him stuffing money in
an envelope; and also that, on another occasion, she took £5,000
cash to Harrods on his personal instructions with the express
purpose of giving it to me!
(b) Fayed "forgot" paying £5,000
per quarter in cash to Greer.
If the Bozek/Bond/Bromfield witness statements
are to be believed, they also indicate that Fayed apparently
"forgot" that he had paid Greer in cash £5,000
per quarter for nine years!
(c) Fayed "forgot" about Bozek
and the brown envelopes full of cash.
Additionally, according to the same sources,
Fayed also apparently "forgot" that, on frequent but
unspecified occasions, he arranged for me to collect from his
office envelopes which he and Bozek had personally stuffed with
large but unspecified quantities of cash.
Furthermore, the "cash in brown envelopes"
allegations are inconsistent with Fayed's categoric assertion
in his witness statement of June 1995:
"I can therefore confirm that cash payments
were made to Mr Hamilton in two ways: Firstly, in face to face
meetings and secondly through Ian Greer." (paragraph 8).
How was it that he "forgot" about
this third way in which huge sums of money were allegedly paid
by him to Greer and me? The total amount alleged to have
been secretly paid to Greer exceeds £180,000. The total amount
alleged by Fayed's employees to have been collected by me in
this way is tantalisingly obscure but must have amounted to at
least £15,000-£20,000 (see analysis in paragraph 146(i)
above).
It is quite incredible that Fayed could
have forgotten transactions of such a nature if they had occurred
with such regularity and involved such large sums of money as
alleged.
One possible explanation could be that Fayed
makes so many illegal cash payments that even repeated instances
can be forgotten in a memory dulled by habituation to malpractice.
If so, his accomplices, Bond and Bozek, may suffer a similar
confusion of memory. The more likely explanation is that anyone
accustomed to acting so dishonestly would have no difficulty
in inventing lies (or corroborating them) when convenient to do
so.
The true reason, in my submission, for the late
appearance of these witnesses and their lies is that Fayed was
a reluctant witness. As far as I am aware, he has never appeared
to be cross-examined in Court in any of the many cases in which
he has been Plaintiff or Defendant.
The employee witnesses appeared at the last
moment as a "fig-leaf" to cover the prospective non-appearance
of their employer in Court. Their evidence was to be a substitute
for his.
It is quite incredible that, after the exhaustive
inquiries which solicitors for The Guardian must have
undertaken, such important corroborative evidence could have been
"forgotten" for so long - especially since Bond is:
"a secretary in Fayed's office at 60 Park
Lane, a position . . . held since 1979" (Paragraph 1 Bond
witness statement).
and Bozek was:
"a Personal Assistant to Mr Al-Fayed in
his office at 60 Park Lane between 1981 and September 1994."
(Paragraph 1 Bozek witness statement).
They worked daily in the inner sanctum. It was
obvious from the start that the corroboration they could provide
would be vital. The only credible reason for their last-minute
arrival is that they were suborned and their evidence concocted
to fill the holes in Fayed's original ill-thought out story.
COMPENDIUM OF FAYED'S ALLEGATIONS
152. So the totality of Fayed's allegations
is:
(i) on eight occasions Fayed handed me
personally a bundle of £2,500;
(ii) on four occasions he handed me personally
a total of £8,000 in Harrods gift vouchers;
(iii) on at least half a dozen and perhaps
up to 10 occasions Bozek left envelopes containing at least £2,000
for collection;
(iv) on at least one occasion Bond left
such an envelope for me.
These sums are additional to the money he
alleges Greer paid me at the rate of £2,000 per question.
153. I infer that the overwhelming majority
of these sums were allegedly paid post September 1987. At that
time Fayed's story is that he refused to let my wife and me return
to the Ritz.
"as I felt he (i.e., Hamilton) was abusing
my hospitality" (Fayed witness statement paragraph 11).
It seems incongruous that, whilst allegedly
refusing me hospitality which cost him next to nothing, he was
simultaneously showering me with enormous sums of money - apparently
for little or nothing in return! 154. There are two obvious
questions to ask at this point:
(1) What was I doing in exchange for all
this money? I demonstrate above that there is no pattern
or rationale to the alleged payments from Greer and Fayed when
set against the relevant parliamentary activity.
This irrationality is compounded by the "cash
in brown envelopes" allegations. It is notable also that,
in contrast to the earlier cash/voucher allegations, Fayed has
produced:
(a) no dates on which the alleged payments
were made, nor has he
(b) specified even how many such payments
there were. The pattern of alleged payments is rendered thereby
even more random and incomprehensible.
(2) Why pay me vast sums of money when
Dale Campbell-Savours would do the "work" for nothing?
Between 1985 and 1990 (when I joined the Government) the
comparative table of relevant activity reads as follows:
| Campbell-Savours | Hamilton |
Written PQs: | 28 | 8
| Oral PQs: | 4 | 0
(or 1)
| EDMs tabled: | 61 | 3
| EDMs signed: | ? | 5 | |
Interestingly, Fayed himself, in
his interview with Hencke on 18 October 1994 drew attention to
Campbell-Savours' activity. As Hencke points out:
"Strikingly, Mohamed Al-Fayed compared
Neil Hamilton and Tim Smith with Dale Campbell-Savours. Of Dale
Campbell-Savours he said that he `did not want to receive anything'
and Campbell-Savours never took so much as a cup of coffee from
him." (paragraph 19(v) Hencke witness statement.) Oddly,
for the Journalist of the Year, it did not seem to occur to Hencke
to ask Fayed, when he was talking about Campbell-Savours, why
he did not use him for more of the routine PQs and EDMs and save
himself the heavy expense he allegedly incurred in employing
me!
155. TWO OBVIOUS QUESTIONS
Fayed also told Hencke that "Peter Hordern
had been representing House of Fraser for some years".
It apparently did not occur to Hencke also to
ask two further questions:
(a) in that case why was Hordern not used
to put down written PQs?
(b) why pay Hamilton (as I infer from the
sums of money alleged) vastly more than Hordern? It would,
of course, have been difficult for Hencke to ask searching questions
of Fayed because, as he admits:
"I went to see Mohamed Al-Fayed on the
evening of 18 October 1994. This was the first and only time
that I had met Mohamed Al-Fayed before publication of the matter
complained of. I would have spoken to Mohamed Al-Fayed for only
10 or 12 minutes." (paragraph 19.) Just enough time
to be ushered in and bow out, having taken a brief dictation from
him, but not enough time to ask a single intelligent question
to test his veracity.
It is true that he also:
"spoke to a colleague of Mohamed Al-Fayed's,
Michael Cole, for about 20 minutes beforehand". (paragraph
19.) Cole is the Harrods PR man. His job is to manipulate
the media. This must have been his easiest job ever!
156. OTHER OBVIOUS QUESTIONS HENCKE NEVER ASKED
(A) Is it really credible that I would compromise
myself in such a blatant way by discussing such matters on the
telephone with a secretary that I knew only in passing? Or compromise
myself by so regularly collecting money from unknown security
guards - who must be presumed, from long practice in Fayed's service,
to suspect the contents of the envelopes that are so regularly
deposited with them.
(B) What security system was employed to log
the receipt and collection of mail at 60 Park Lane? If large
sums of cash are placed in plain envelopes, surely some signature
must be demanded as proof of receipt? Where is the documentary
evidence? (C) My meetings with Fayed were supposedly as frequent
as:
"about once every four to six weeks, although
there were times when the visits may have been as frequent as
once a week". (Paragraph 6.) If so, Bozek's description
of my frenetic phone calls to pick up envelopes on other occasions
is even less credible. With so many face-to-face meetings why
would I need to supplement them with a regular intermediate collection
of envelopes? If one inserts these alleged extra payments
into the analyses of payment and parliamentary activity (above)
the allegations seem even more irrational and absurd.
157. The careful construction of the pantomime
of envelope-stuffing described by Bozek and Bond prompts at least
three questions:
(1) in view of the foregoing why was Fayed
so careful in his witness statement of 23 June 1995 to make it
clear that there was NEVER a corroborative witness to the alleged
cash payments?
(2) why, by contrast, was there ALWAYS
a corroborative witness present for the envelope-stuffing according
to the latest allegations?
(3) why have these new witnesses been so
long in coming forward - especially as they are all very long-serving
employees and easily contactable for a statement?
158. The
answer is simple - as with the employee witnesses in the Bettermann
case, their false evidence has been concocted to justify the
lies of their employer and to plug gaps which were not noticed
or ignored at the time the earlier lies were invented.
Fayed did not think his story through in sufficient
detail in advance. Had Peter Preston asked some elementary critical
questions prior to publication perhaps Fayed would have realised
the obvious weaknesses and attempted to remedy them at an earlier
stage.
RUSBRIDGER BLOWS THE GAFF
159. The current editor of The Guardian,
Alan Rusbridger is aware of the problem of Fayed's inconsistencies
and unreliability. His lame excuse is:
"Mr. Fayed may not have a head for detail,
but he knows when he has bought a man." (The Spectator
26 October 1996, page 40).
It ought to be the duty of supposedly responsible
journalists to test to destruction the details of a story such
as this from an obviously tainted source in order to establish
its credibility. In their slavering excitement and desperation
to get a "scoop" Preston and Hencke and all those involved
in the production of this story suspended their critical faculties.
Consequently, Fayed faced up to the problems
only as the libel action proceeded - his story changed as it was
discredited and inconsistencies emerged.
(a) The original allegation involving the
two cheques to Greer for £12,000 and £6,000 was disproved
by documentary evidence; as was the allegation of £8,000-£10,000
per month varying according to the number of PQs asked. Similarly,
the allegation involving the cheque for £13,333, is disproved
by circumstantial evidence.
(b) This was succeeded by the uncorroborated
allegation of face-to-face cash payments which was contrived
so as to require me to prove a negative. When this was disproved
by cogent witness evidence and detailed critical analysis .
. . .
(c) . . . Fayed then produced a third
allegation - the cash in brown envelopes. It was only at this
stage that he produced some purported corroboration to plug the
earlier gap and to support the latest lie.
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