Select Committee on Standards and Privileges First Report


APPENDIX 33 - Continued

CHAPTER 9: ANALYSIS OF FAYED'S ORAL EVIDENCE TO THE INQUIRY

1. Fayed's memory too untrustworthy to be relied on.

  595. Fayed has made, in documents solemnly constructed at leisure and with the benefit of extremely competent legal advice, a large number of precise and extremely serious allegations of dishonesty on the part of the MPs and Ian Greer.

  Under oral cross-examination this purported precision is utterly destroyed, demonstrating that his carefully contrived allegations are falsehoods and inventions.

  596. The following is a catalogue of his admissions of inability to remember the facts on a range of issues, some peripheral but many central to his whole case.

  There is no excuse whatever for this vagueness. He has pursued his vendetta singlemindedly for three and a half years. He could not even be bothered to rehearse effectively, in order to remember the lies he had previously told.

(a) Q505. Origin of Ritz invitation

  After disputing that he originated the invitation to the Ritz, he then said:

  "I cannot confirm what happened in casual discussions, no confirmation." (b) Q518. Balnagown Castle

  He did not remember that Peter Hordern was present with me at Balnagown. Presumably, he was reminded of my visit by some written record. Why, therefore, could he not also remember Hordern? (c) Q526-7. Invitation to dinner

  "I do not remember if he invited me. I have no recollection."

  His own message pads record such an invitation.

(d) Q528. House of Commons gifts

  He does not remember whether I gave him any gifts. Yet I frequently reciprocated his casual gifts and gave him a House of Commons Wedgewood Coffee service following our visit to the Ritz.

  He was supercilious in a newspaper comment about some House of Commons cuff-links which I gave him, an incident confirmed by Royston Webb.

(e) Q559. The 1987 election contributions

  "Do you have any recollection of this letter? (to Ali soliciting the cheque for £6,000)."

  "No."

  Q560: "Or of Ali talking to you?"

  "I do not remember that at all. It is a long time ago." (f) Q567. Advertising in Conservative brochure.

  "Do you remember (Greer) asking you to pay for some advertising in the Tory Party brochure?"   "I am sorry. I do not remember." The request was made in a letter which survives.

(g) Q600. How much was Tim Smith paid?

  " . . . Figures that have been mentioned over the years range from £25,000 down to £6,000."

  "It is really difficult to remember this."

  Tim Smith says he was paid £18,000.

(h) Q611. Andrew Bowden's activities

  "I do not know if he put motions or something like that, I do not remember if he put questions." (i) Q629. Meetings with the `group' of MPs.

  " . . . there would be group meetings, would there not?"

  "To the best of my recollection. I cannot just confirm them." (j) Q647. Why had Fayed never mentioned before 27 September 1996 the alleged quarterly cash payment to Greer of £5,000.

  "Because you do not want me to remember eight years ago, every aspect of everything because I am running a business with 30,000 people . . . "

  Q651: " . . . I would explain it to my brother, maybe he mentioned it to me and I do not put it. I do not remember."

  Q655: "There is no mention of what on your employees' evidence is approaching £40,000 of cash payments, £5,000 a quarter for two years or so."

  Q657: "In the witness statement there is no mention of this at all."

  Q658: "It is merely because it was not that important?"

  "It was still important but I do not recollect . . . I cannot remember everything happening eight or nine years ago with all my commitments and all my business occupations. . . . (k) Q669. Was Hamilton asking for payments in 1985 and 1986?

  ªI cannot remember and confirm this now. I will have to go back again."

  Christopher Carr QC confirmed that no allegations were made against me prior to 2 June 1987.

(1) Q679. Why no mention of cash in brown envelopes?

  "I had not to be very specific because I am not writing a Bible, it is an answer that would have happened nearly ten years ago, eight years ago." (m) Q712. Did Greer know about these alleged cash payments?.

  "I do not really remember. I cannot recollect".

  Q714:

  "If it was happening you would tell Mr. Greer, would you not?"

  "I do not remember that I told him. I cannot recollect that I told him." (n) Q774. The Fayed Story was changed over time.

  "You cannot just expect me in ten years to be sure. I am telling you to the best of my recollection . . . You cannot just be sure 100 per cent. These are basically the facts. To the best of my recollection. You cannot just have everything. I never expected this would happen to me . . . I never thought I would be in a position like this, never ever did I think that."

  597. Of course, it is quite understandable that one's memory should play tricks after so many years. When confronted initially by Hencke I had considerable difficulty in remember exactly what I had done in the House of Fraser battle in the 1980s.

  Even when I checked the record for the purposes of my letter of 1 October 1993 to Peter Preston I made errors of omission - because of the peculiarities of the Hansard index.

  These and other misconceptions have been corrected following two years of painstaking research. The Guardian castigated me as a liar for making mistakes in a very hasty attempt to stave off their imminently anticipated damaging attacks (see "Sleeze pages" 159-162).

  598. This contrasts, starkly with their egregious tolerance of Fayed's mistakes, wild inconsistencies and obvious lies.

  Forgetting that, in 1990, it was Fayed (not me) whom The Guardian had castigated as a liar and a cheat, David Leigh ludicrously describes Fayed as

  " . . . an Egyptian innocent abroad . . . a lad up from the country in a Ben Johnson comedy, immediately surrounded by the smart operators of Bartholomew Fair seeking to empty his purse." (Page 164).

  599. Fayed is later described as

  " . . . maddeningly broad-brush . . . so vague with dates. . . . (Page 209).

  On the contrary, Fayed's problem is the opposite - a claimed precision which cannot be substantiated.

  Leigh writes:

  ªThe original details from Fayed in the article - how much money, when, to whom, what for - seemed vague." (Page 207).

  This was not true.

  600. Fayed's allegations had been precise - that Greer paid MPs £2,000 a time for PQs, that he charged Fayed a £50,000 fee plus a monthly retainer of £8,000-£10,000 which varied according to the number of questions. Each of these very precise allegations has been conclusively proved to be false.

  In the words of Counsel to the Inquiry to Fayed:   Q569:

  "In a case where crucial documents are few and far between the documents support Mr Greer and not you."

  601. The details which Leigh describes as vague refer to allegations which did not appear in The Guardian article - because they were not invented until after it was published (the alleged direct cash payments).

  These sought-after details were later provided in the D J Freeman letter of 5 December 1994 (produced in conjunction with The Guardian Defence in the libel case) - which Fayed's Leading Counsel implied on 23 January 1997 were, unfortunately, not vague enough!

  602. Leigh asserted that, when Preston went for the first time to see Fayed:

  "He put on the biggest pair of kid gloves he could find and carried a very long spoon." (Pages 155-6)   Yet this alleged initial circumspection was not apparent in The Guardian's subsequent acceptance of Fayed's uncorroborated assertions, which they swallowed greedily and whole.

  603. Although Leigh refers to

  " . . . internal Guardian memoranda which contained `some pretty brutal assumptions and a lot of cynical humour,'" (Page 207)

  no weight appears to have been given to Fayed's known character as a liar nor to his obviously tainted motives in producing his allegations.

  (The documents referred to in this passage have not been produced, despite Discovery. They could well provide interesting insights into The Guardian's state of mind prior to 20 October 1994 and throw light upon their bona fides in endorsing Fayed's lies).

  604. It may be that, despite all the work which I have done to try to tie up loose ends and plug gaps, obscurities and errors remain. But there is a big difference between, on the one hand, limited changes in a story resulting from the appearance of new documents or new argument and, on the other hand, the exposure, by the slightest pinprick of enquiry, of a long-term and calculated deceit.

2. FAYED'S ORAL EVIDENCE CONTRADICTORY

(a) The D J Freeman letter of 5 December 1994

  605. Embarrassingly, Fayed's Leading Counsel, Christopher Carr QC, had to begin Fayed's evidence session by admitting the shaky nature of the foundation stone upon which was built the whole edifice of Fayed's allegations of direct cash and voucher payments.

Q473 The D J Freeman letter to the Chairman of the Select Committee on Members' Interests dated 5 December 1994

  "I make no bones about it. There are very particularised indications of dates of meetings and payments in that statement . . . we had to find out precisely how in preparing the statement they arrived at such precision . . .


  The answer to that is this: their instructions from Mr Al-Fayed were `every time I met Mr Hamilton he asked for a payment and I made a payment.'

  D J Freeman took that as the basis for their preparing the statement. What they did was to investigate and research all the occasions when there were meetings with the aid of diary notes, references and the like, and then based on that methodology said that a payment was made on those dates."   606. What does this mean? It can mean only that Fayed's precise allegations were not true. This appears also to be the understanding of Counsel to the Inquiry (see Q662).

  Yet Fayed had solemnly confirmed all the details

  (i)   in a letter forming the basis of a complaint to the Members' Interests Committee by Alex Carlile QC MP;

  (ii)   in his witness statement taken by Lovell, White, Durrant for the purposes of the libel action on 23 June 1995;

  (iii)   in his Statement to the Privileges Committee on 1 November 1995;

  (iv)   in his written submission to the Inquiry, 12 December 1996.

  607. Fayed's evidence on the alleged cash/voucher payments collapsed in confusion:

  Q662: "Do you still say . . . that whenever you met you gave him cash?"

  "Definitely, yes. To the best of my recollection I can say most of the times when we met he always asked for cash."

  Q663: "Maybe two or three times I did not give him any cash."

  608. Fayed's Counsel had tried to get him off the hook on which he had impaled himself. He initially attempted to shift the responsibility for the precise allegations from Fayed to D J Freeman. If successful that would have (inter alia):

  (i)   made it easier for Fayed to explain the incomprehensible pattern of alleged payments; and

  (ii)   neutralised the evidence of Timothy O'Sullivan.

  609. However Fayed failed to comprehend the plot and still insisted under cross-examination that on EVERY occasion, (i.e. on all the dates in the D J Freeman letter), I asked for and he gave me cash or vouchers.

  610. (b) The Ritz.


  (i)   Fayed denied that the original invitation came from him.


  Q. 491: " . . . a trip was being organised for Mr Hamilton and Parliamentary colleagues to go to Paris at your expense and at your invitation. Did that invitation happen or not?"

  Fayed: "Not from me."

  Q. 492: "This is all made up by Mr Greer."

  Fayed: "Absolutely."

  611. Fayed was then shown the extract from his own telephone message book noting a message from Greer cancelling the trip.

  He then said (at Q. 503):

  "It was not my initiative at all, it was Ian Greer's initiative."

  Finally he retired into amnesia:

  "I cannot confirm what happened in casual discussions, no confirmation."

  612. (c) Fayed confused about the chronology.


  Q. 510: " . . . on the first trip he asked me, that was nothing to do with Greer. The time after, the one Greer was discussing to send a team of people . . . nothing materialised from it."

  He was clearly confused and thought that I visited the Ritz prior to Greer's initial letter of invitation.

  631. (d) Balnagown.

  Q. 517: "Was it an apartment, a flat or a house?"

  "A bungalow for guests."

  This is not correct. We had to climb stairs to get to the flat, which was above former stables, now converted to a garage. I have a photograph of the building to prove it.

  614. (e) Dinner invitations to House of Commons.


  Q. 526: "Were you invited to go to the House of Commons and eat with him?"

  "I have never eaten there, no. I have had several invitations but I have never eaten there."

  Q. 527: "You had the invitations but you did not go?"

  "I do not remember if he invited me. I have no recollection."

  He was invited several times by me. I could not match his scale of hospitality but I attempted to reciprocate. His assertion is contradicted by his own telephone message pad, which notes a call from my wife on 27 January 1988 offering five dates for dinner between 23 February and 17 March. There were other invitations but he never accepted.

  615. (f) House of Commons gifts.


  Q. 528: "Did you receive any gifts from Mr Hamilton . . . ?"

  "I do not remember."

  This is a strange memory lapse - it contradicts his disdainful references (reported in the Press and also confirmed by Royston Webb) to the quality of some House of Commons cuff-links which I gave him, amongst many other gifts. I recall asking Peter Hordern what I could give him and he said that Fayed liked gifts from the House of Commons shops as they could not be obtained generally.

  616. (g) Andrew Bowden.

  In Q. 572 et seq. Fayed reasserted that he paid Greer money (including the cheques for £12,000, £6,000 and £13,333) to pass on to MPs.

  In paragraph 7 of his witness statement and elsewhere Fayed stated that the MPs were Tim Smith and me.

  In Q. 574 he added Sir Andrew Bowden to the list. He had mentioned Bowden in his evidence to the Privileges Committee on 1 November 1995. This allegation was excised from the printed Report so I did not know about it until I read the transcript of his evidence of 23 January 1997 before the Inquiry.

  Bowden's name never featured in the libel proceedings. Bowden was not referred to in the notes of Fayed's conversations with Preston or Hencke. Fayed has failed to explain Bowden's absence from his earlier allegations.

  617. (h) Timing of initial alleged cash payments.


  Q590: "How long was (Hamilton) being paid in cash before Mr Smith raised it?"

  "I think two or three months, to the best of my recollection."

  It is not clear why Fayed is now able to recollect this timing in view of paragraph 12 of his witness statement, which is completely unspecific about payments to Smith:

  

  "I have a less clear recollection of the exact dates and amounts paid to Tim Smith . . ."

  618. Further, Fayed went on to say:

  Q598: "(Smith) started a few months after Mr Hamilton?"

  "Right. Yes, he put down some questions and then other Members of Parliament started attacking him so he stopped."

  Christopher Carr QC stated at Q669:

  "It is certainly no part of the documentary records or statement of evidence by Mr Al-Fayed that payments were made other than as indicated starting in June 1987."

  619. Hence, by inference, Fayed alleged that Smith did not ask for cash until around September 1987. This was contradicted by Smith's own evidence that he was paid for the first time in May 1987 and received seven or eight further payments, ending in February 1989.


  620. In answer to Q598 Fayed seemed to say that Smith started putting down questions later than me, which explained why he allegedly started asking for cash later. This is difficult to comprehend.

  Smith was much more active than I in Sessions 1986-7 and 1987-8. He asked 9 PQs in 1986-7 compared with my 1; and 16 in 1987-8 compared with my 2. Smith had also had an Adjournment Debate in 1986.

  621. Although it is true that he stopped being active in support of Fayed following attacks by Tiny Rowland (who was one of his constituents) in January/February 1989, I did nothing after his last recorded activity (on 15 May 1989) apart from co-signing 2 EDMs of Dale Campbell-Savours on 21 June 1989. So there is no reason for Fayed to be any more or less forgetful of the details of his allegations about Smith than about me (see my submission paragraphs 94 et seq.).

   (i) Length of time alleged cash payments continued - Hamilton.

  622. Fayed said in Q591 that he paid me cash over a period of

  " . . . eighteen months, I think, maybe two years."

  This contradicts the account in the D J Freeman letter and his witness statement, where Fayed asserted that the payments started on 2 June 1987 and continued until 21 November 1989 - a period of nearly two and a half years.

  623. His vagueness and inconsistency on this, arguably the most important single allegation against me, indicates that no credibility can seriously be attached to his precise claims. Hence, Mr Carr's attempt to divert responsibility for the detail of his allegations onto D J Freeman.

   (j) Length of time alleged cash payments continued - Smith.

  624. In Q597 Fayed said:

  "To the best of my recollection, two or three months."

  His answer to Q598 implies that Smith stopped asking for cash after Rowland started attacking him. But, if he was paid for a total of only two or three months (starting in September 1987), he could not have been asking for cash throughout 1988, when he was at his busiest in support of Fayed!

  This is inconsistent with Fayed's assertion in paragraph 12 of his witness statement that

  "our (i.e., Fayed and Smith's) relationship ended in 1989."

  It is also inconsistent with Smith's own recollection that he ended the relationship in February 1989.

  (k) The amounts alleged to have been paid - Hamilton.

  625. In answer to Q601 Fayed is preposterously vague and inconsistent:

  "Hamilton, I think, maybe took £40,000, £50,000 or £60,000."

  One is tempted at this point to utter the time-honoured cry of the auctioneer: "Any advance?" It contradicts Fayed's categoric written evidence that I received £20,000 in cash and £8,000 in vouchers.

  (l) The amounts alleged to have been paid - Smith.

  626. In answer to Q601 Fayed says Smith was paid "maybe around £10,000."

  This is inconsistent with Fayed's earlier assertion that Smith was paid £6,000. This figure was arrived at by deduction from the £34,000 figure quoted by Hencke and which Fayed then claimed to have paid Smith and me jointly.

  It is noteworthy that, in October 1994 (over two years nearer the alleged events), he alleged he paid us jointly less than he now alleges he paid me alone!

  Furthermore, if he did pay Smith £6,000, that contradicts his assertion in answer to Q675 that he also paid him in bundles of £2,500.

  More importantly, it contradicts Smith's own evidence that he was paid about £18,000 altogether.

  (m) The amounts alleged to have been paid - Bowden.

  627. In evidence to the Privileges Committee Fayed alleged that Bowden asked for a retainer of £50,000 a year (see Q613).

  Yet, in answer to Q609, he alleged that Bowden had asked for £60,000 a year plus an arrangement fee of £50,000.

  In answer to Q613 he confirmed his evidence to the Privileges Committee on 1 November 1995:

  "Is that still your recollection?"

  "I think so."

  In giving the answer to Q613 he contradicted the answer he gave to Q609 only seconds before!

  (n) Royston Webb's evidence.

  628. In answer to QQ613-7 Fayed asserted that Royston Webb, his former Legal Director, was a witness to the alleged payment received by Bowden.

  Webb's evidence does not support Fayed's assertion. He was not a witness to the alleged payment. All that he can say is:

  "Mohamed Al-Fayed subsequently told me he had paid £5,000 to Andrew for his initial work."

  629. Even this limited, hearsay corroboration of Fayed's evidence contradicts his statements in the tape-recorded conversation with Ian Greer of 20 October 1994:

  "I have a very good relationship with Dale Campbell-Savours, absolutely straightforward. First of all I said I haven't read the article . . . I did not know. I have no knowledge on these matters . . . but then I don't know everything that he does at a long shot. Certainly because I'm not aware of any such arrangement doesn't mean that there were no such arrangements."   On page 3 of the transcript of the telephone conversation, Webb makes clear that he knew nothing of Fayed's allegations about Smith and he is silent about any such arrangement with Bowden:

  "Tim has resigned on the grounds that there were such payments which he did not disclose. Presumably the inference that's now been drawn is that these payments were made through you (i.e., Greer)."

  That last sentence obviously indicates that Webb knew nothing about the allegations of direct cash payments - which is not surprising as they did not surface for the first time until six weeks later on 5 December 1994.

  630. Furthermore, Webb appeared incensed to be told that Fayed had implicated him in the story:

  "I gather that I was mentioned, not by name, but being in receipt of various documents that were. . .as an adviser. . .if the inference is that I was aware of these payments, then Peter Preston is going to print a withdrawal of that. Because I regard that as professionally quite damaging." (Page 4).

  Fayed's assertion of Webb's complicity in the alleged arrangement with Bowden is, therefore, inconsistent with the necessary implication of Webb's statement of 20 October 1994 that he knew nothing about it. Webb's statement of 13 February 1997 is inconsistent with his earlier conversation.

  (o) The alleged `group' of MPs.

  631. In Q631 Fayed is asked:

  "So you had lots of private relationships, is that right?"

  "Not lots, with only two guys, with three."   This contradicts the story which Fayed told The Sunday Times in January 1994, that he had paid a group of four MPs (see Privileges Committee First Report 1994-95 paragraph 11).

  632. It also contradicts Fayed's witness statement of June 1995, where he alleges that he paid only two MPs (Smith and Hamilton). Of Grylls and Hordern Fayed says:

  "I was never asked for nor gave cash to Sir Peter Hordern or Michael Grylls." (Paragraph 2).

  Bowden is nowhere mentioned.

  (p) The alleged quarterly cash payments of £5,000 to Greer.

  633. This allegation first appeared on 27 September 1996.

  Royston Webb denied any knowledge of irregular payments in his taped conversation with Greer on 20 October 1994:

  "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." (Page 2)

  He also denied any knowledge of this in his letter of 13 February 1997 (see paragraph 6).

  634. Fayed was asked why he had not mentioned it earlier:

  "Because you do not want me to remember eight years ago every aspect of everything . . . " (Q647).

  However, this response is inconsistent with his answer to Q719.

  635. Fayed was asked whether there might not be some confusion in his mind about payments to Hamilton. He reacted indignantly:

  "Confused?"

  Q720: "How, if I gave him that money with my hands? Do you not think I remember I gave him the money? What do you mean I am confused?"

  636. On his own admission he allegedly gave Greer even more money (at least £40,000) at his own hands or on his direct instructions - even making Greer "phone four or five times asking for his envelope" (Bozek witness statement paragraph 4).

  If he "remembers" that I received cash because he handed it to me personally why did he forget allegedly handling larger sums to Greer?

  637. His indignation at the slur upon his memory in Q719 is inconsistent with his nineteen protestations during his cross-examination that he could not be expected to remember events of eight years ago.

  638. Fayed implied that he was reminded of the alleged £5,000 quarterly Greer payments by his secretaries (see Q653). This new allegation directly contradicts the tenor of his earlier witness statement, where he was careful to emphasise that his secretaries would not have seen him making cash payments.

  There was no mention of Greer's alleged quarterly £5,000. This is extraordinary as he professes to remember the details of alleged irregular payments of varying amounts to Hamilton but not the regular and unvarying alleged payment to Greer!

  639. In answer to Q653 Fayed also said:

  " . . . this is recorded expenses."   This statement contradicts the evidence given by Iris Bond at Q237 the previous day:

  " . . . if we needed money for our petty cash he (Fayed) would give us some and we would obviously record all payments with our petty cash in our own book, but the money that was given to Mr Al-Fayed was Mr Al-Fayed's, so obviously I would not be aware unless he specifically told me what the purpose was or what he was doing with that money."

  Bond alleged that payments to Greer were not recorded.

  640. The key to establishing the truth about this allegation perhaps lies in Fayed's response to Q658. Asked why he had mentioned in the D J Freeman letter the cheques for £12,000, £6,000 and £13,333 but not the quarterly £5,000 payments, he replied:

  "Maybe the secretaries knew about it and they had not mentioned it to me. Only when they had to come and make a statement then they remember everything that happened.


  I cannot remember everything happening eight or nine years ago with all my commitments . . . "

  Fayed's "amnesia" requires no further comment. His statement that the secretaries "had to come and make a statement" is telling.

  (q) The secretaries as witnesses to the alleged Hamilton payments.

  641. The allegation that the secretaries were aware of cash payments to Hamilton directly contradicts Fayed's two categoric assertions in his witness statement that

  " . . . no-one else would have seen the money being given to Mr Hamilton" (paragraph 4).

  and that

  "I can confirm, therefore, that cash payments were made to Mr Hamilton in two ways: firstly, in face to face meetings and, secondly, through Ian Greer." (paragraph 8).

  In answer to Q678 Fayed said:

  "I call my secretaries, Alison or Iris, and say: `Please go to the petty cash, take out £2,500, take it down to the doorman and it will be collected by Neil Hamilton or his wife.'"

  642. Fayed implied that this happened on a number of occasions. Bozek was rather more expansive and said in her witness statement that I telephoned `on numerous occasions' to enquire if an envelope was ready.

  Bozek's account is inconsistent with Fayed's. She alleged that I telephoned for an envelope and that she then told Fayed. Fayed would then stuff an envelope `in (Bozek's) presence' and she would arrange delivery.

  Fayed, however, says that he arranged for envelopes to be left for me only if he was "not available" (Q678). In those circumstances Bond or Bozek would stuff the envelopes on Fayed's instructions. Otherwise Fayed would do it and hand over the money "when he and I were alone" and "no-one else would have seen the money being given."

  643. It is impossible to understand Fayed's description of the secrecy of this alleged operation in his witness statement if (a) I was in the habit of telephoning "on numerous occasions" to ask brazenly for "my envelope" and (b) Fayed was accustomed to instructing his secretaries to arrange for the cash to be handed over.

  644. Furthermore, Fayed justified his handing over these large sums of money allegedly on account of my describing the amount of work I had been doing for him, or meetings attended - "what a great job he is doing for me" (Q585). This appears to be inconsistent with his arranging for me to be paid when he was "not available" and, hence, unable to hear my alleged "sales pitch."

  645. Is it really credible that he would react, simply on account of a telephone call, like a Pavlovian dog and arrange for me to be paid, for reasons he cannot now recall and on dates neither he nor his secretaries can now specify (or even identify approximately)?

  646. Fayed's explanation for this startling amnesia is totally unconvincing:

  "I had not to be very specific because I am not writing a Bible, it is an answer that would have happened nearly ten years ago, eight years ago."(Q679).


  " . . . I am not a young man any more . . . things start dehydrating, you do not remember things."

  (r) Fayed's age:

  647. "I am 64 years old."(Q680).

  This contradicts the findings of the DTI Inspectors that Mohamed Fayed was born on 27 January 1929. Hence, when he claimed to be 64, he was actually within four days of his sixty-eighth birthday. (See DTI Report paragraph 3.6.4.)

  (s) Fayed's bugs.

  648. Fayed denies having recording equipment at 60 Park Lane:

  "All this is bullshit, no disrespect. People talk rubbish. Why do I need to bug people with recordings."(Q688).

  This is inconsistent with the evidence of Christoph Bettermann, who was, himself, clandestinely recorded at 60 Park Lane at around the same time.

  Fayed also secretly recorded his conversation with Tiny Rowland in 1994, after their temporary rapproachement.

  His head of security, MacNamara, also secretly recorded his conversation with Bettermann in Malaga in 1991, to try to entrap Bettermann into confessing a bogus insurance fraud.

   (t) Fayed's alleged sense of "public duty" or "conscience".

  649. Fayed, when asked why he waited five to seven years to reveal his allegations, said "someone like me has a conscience" (Q692). This echoes the report in The Guardian of 20 October 1994 that he was acting "out of public duty" (see also Q693).

  650. The reality is that he was incensed that, as a DTI Minister, I stood aside from taking decisions on matters affecting his interests when he obviously expected me to help him in breach of my public duty:

  "He knew what the DTI did to me and if he had any conscience or any humanity inside him after all that he had done, taking my cause and defending me in the House of Commons, at least he might have had the courtesy to review the situation." (Q702)

  651. Furthermore, he was obviously incensed at the Ministerial reply I gave to a PQ by Alex Carlile on 13 May 1992. "Sleaze" records Fayed's anger:

  "He told Carlile the inquiry had been `independent . . . a carefully considered and thorough investigation."

  "This reply, drafted by his officials and signed off by the Minister, was a cynical, diametric opposite to Hamilton's previous claims as a backbencher that the inspectors' behaviour had been `such a monstrous injustice' that it amounted to the work of a `twentieth century Spanish inquisition.'"

  "Fayed must have gasped in astonishment at his former lackey's shameless U-turn." (Page 148).

  Here is one of the most important real reasons for Fayed's targeting me as part of his vendetta against the Government and the Conservative Party.

  652. Fayed denied feeling insulted by my failure to reply to his letter of congratulation on appointment as Corporate Affairs Minister (see Q703).

  However, his anger is palpable in his reply to Q707:

  " . . . he thinks he is already God. He got what he wanted, a Minister, he did not need me any more."   Quite how I "needed" him as a backbencher is not clear. It is very clear that Fayed "needed" me as a Minister, but my personal probity came as a severe disappointment to him.

   (u) No response to Fayed's letter.

  653. I did not reply to Fayed's letter because I was advised that it would not be appropriate to do so since Fayed was suing the DTI in the European Court of Human Rights.

  In answer to Q 705 he also denied that I telephoned him.

  Q706: "No contact."

  "Absolutely not."

  654. This answer contradicts what he told Brian Hitchen, for onward transmission to the Prime Minister, on 25 September 1994:

  "Mr Hamilton had rung Mr Al-Fayed and complained vociferously, saying that he would have to distance himself from him in future."

  "Sleaze" corroborates Fayed's lie to Brian Hitchen:

  "Hamilton, keeping his nose clean, did not even give Fayed the courtesy of a reply. The munificent Egyptian was affronted to get a phone call instead in which it was explained that Hamilton felt it best to `distance himself' from the owner of Harrods from now on." (Page 148).

  This was completely untrue. I would hardly say that I felt it best to distance myself from him "from now on." To the best of my recollection, I did not meet him again after the end of 1989, although I may have spoken to him on the telephone in the summer of 1990.

   (v) Fayed's claim that Greer knew about direct cash payments.

  655. Q711: "I think he knew definitely."   This is incomprehensible. If Fayed was paying directly and Greer knew it, why would Greer pay the MPs separately. Similarly, if Fayed knew he was paying Greer £5,000 per quarter to pay the MPs why would he need to pay them himself additionally?

  Fayed, however, could not recollect whether he did tell Greer that he was making direct cash payments (see Q712 and Q714).

  In answer to Q715 he admits "It is possible" that he did not tell Greer.

   (w) The size of the vouchers.

  656. Fayed was hopelessly confused as to the value of the vouchers he alleged he gave me. The D J Freeman letter and his witness statement say they were £100 vouchers.

  But in answer to Q743 Fayed contradicts his earlier evidence:

  "So he would have in his pocket three vouchers for £1,000?" "Yes."

  In answer to Q747 he is inconsistent yet again:

  " . . . it was three thousand in gift vouchers of £500 or £1,000."

  When challenged in Q748 about the inconsistency with his earlier claims that they were £100 vouchers he squirms:

  "It is a possibility. I just mentioned the 100, the 500, maybe 1,000."

  In answer to Q750 he compounds confusion:

  "I cannot just count them and make a record if it is a voucher for £50 or £100."

   (x) Broad hints about shopping.

  657. Fayed said in his witness statement that on four occasions he gave me gift vouchers because I "hinted broadly that I wanted to go shopping."

  However, in his answers to Q763, he implied inconsistently that there were many more occasions:

  " . . his anniversary, is wife's birthday or another occasion, friends' birthdays, things like that  . . ."

  " . . . Christmas, also Easter, any occasion that he could capitalise to get money," (Q764)

  658. In his oral evidence Fayed contradicted his written evidence in another respect. His witness statement is clear that I specifically asked for vouchers on the four occasions he allegedly gave them. But in answer to Q766 he now said that

  "If I did not have cash I would give him vouchers."

  659. Furthermore it is difficult to reconcile this account with the evidence of Iris Bond

  " . . . that prior to a meeting with Mr Hamilton Mr Al-Fayed would make a remark that he was coming to collect his money and would prepare an envelope for him. . ." (witness statement paragraph 6).

  660. Fayed's evidence is that all our meetings alone were pre-arranged and that on every occasion I asked for payment and he gave it. He also said that he

  " . . . had easy access to cash during 1987, 1988 and 1989 without needing to arrange for it to be specially drawn." (witness statement paragraph 4).

  Therefore, it is difficult to see why he should have found himself without a mere £2,500 cash and have to give me vouchers. This is particularly incomprehensive when his staff go regularly to the nearby Midland Bank in Park Lane to collect the cash.

  661. Bozek said that huge quantities of cash flowed in and out of Fayed's office. On each visit to the bank

  " . . . it was usually £25,000 or something like that in cash" (Bozek evidence Q74)

  and " . . . we had about £2,500 a week in petty cash."

  662. Furthermore, Fayed's personal chauffeur, Glyn John, said in his witness statement that he usually collects cash from the bank

  " . . . two or three times a month." (witness statement, paragraph 2).

  663. Bozek also said that she would, additionally send "usually a security man" to collect cash. Unless she is contradicting John's evidence that must mean that the security men's cash withdrawals were additional to the chauffeur's.

  664. Hence, the inference is that well over £75,000 per month in cash washed through Fayed's office. If nearly £1 million a year is spent in that way, it seems most unlikely that Fayed would be short of £2,500 on four occasions between December 1988 and November 1989, those being the only occasions when he allegedly gave me gift vouchers.


 
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Prepared 8 July 1997