36. Letter to the former Head of the
Fees Office from the Commissioner, 14 July 2010
I am writing to show you the responses I have received
from Rt Hon Andrew Mackay to the evidence which you provided on
18 June about a meeting with Mr Mackay in September 1997 and a
telephone conversation with him in May 2009.
I enclose a copy of Mr Mackay's e-mail to me of 6
July and an extract from his e-mail of 13 July. As you will see,
he has not modified his recollection of your meeting in September
1997 in the light of your evidence. He has, however, made clear
that he and his wife moved into the Bromsgrove property on completion
(according to the Land Registry the sale date was September 1997)
and lived there whilst refurbishment was carried out, rather than
setting up home there sometime in 1998 as you suggested. He has
also said that you told him in the telephone conversation of May
2009 that you could no longer recall the details of their case.
He disputes that he asked you for "retrospective"
authority but instead, asked you to confirm his "very
clear" recollection of your conversation
in September 1997. He said that the statement you made that "I
cannot imagine that they would have different main homes"
was contrary to the advice you gave him in September 1997, although
it could well be the view you hold today.
I would be grateful to know whether you wish to comment
on Mr Mackay's response or in any way modify the evidence you
gave me on 18 June. It would be very helpful if you could let
me have any comments within the next two weeks. I will, of course,
copy your response to Mr Mackay.
I would greatly appreciate your continued help on
this matter.
14 July 2010
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