Unravel a Crime - Tangle With Women (11 page)

"National Building Society, now
the National Bank.

We presume that the thrust of the
prosecution case can be gleaned from the line of questioning by the Police
Officer in the case, PC ... “

He rummaged through the
prosecution papers.

“
Sorry, DC Durkin. Which is
that our client had a connection with Jonathan Levy, and as a result of that
connection, was allegedly instrumental in carrying out surveys which led to Mr.
Levy's company, Clearfield Limited, being granted mortgages by the National
Building Society, which would not, but for the surveys, have otherwise been
granted"

"Is that right?",
asked Lisa.

"Well there's nothing
that I have read which suggests otherwise. I suppose that what I'm doing is to
try and catch them out. If they say that there were other factors, then that
tends to show that David's surveys alone did not, what's the word they've used
in the charges .... 'ensure', that the National would accept properties for
loans. "

"Very crafty". Said
Lisa approvingly.

"That's what a lawyer is
supposed to be. “Anyway .....

There is no evidence which has been
served upon us which suggests that Mr. Newberry was instrumental in procuring
such surveys from others, and in particular, your witnesses Dover and Baines,
both of whom were surveyors under our client's supervision, make it quite clear
in their statements that there was no pressure put on them in connection with
their valuations.

Please find enclosed herewith a list
of the mortgage transactions which are the subject of the charges, according to
the surveyors who carried out the individual surveys.

We have broken your own data down
into:-

the share of the valuations carried
out by the various staff surveyors; Mr. Newberry carried out only 21% of the
total surveys.

the overall proportion according to
the value of the total mortgage advances; Mr. Newberry carried out surveys
representing only 11% in value of the total monies advanced by the National
Building Society.

This document is at this stage
enclosed on a strictly 'without prejudice' basis only, and my not be copied or
in any way used in the prosecution of this matter. At all times it remains the
copyright of this firm”

"Why have you said that,
if they can't change the facts?"

"In this game never say
'never'. Remember that every day 50% of all lawyers lose their cases, and the
other 50% win them. It's an insurance, just in case there is something wrong
with this information .. "

"But there can't be. It’s
all taken from the Prosecution evidence."

"As you said to me,
'rubbish in - rubbish out'. The fault may be in the evidence, and so I'm taking
no chances. "

Lisa nodded appreciatively.
"Good point, I'm learning a lot. Next?"

"We appreciate that there has
been a vast amount of evidence served in this case, but we strongly suspect
from our analyses, that no-one in the Crown Prosecution Service has actually
sat down to consider what precisely the evidence shows; certainly as far as our
client is concerned"

"That's telling them,
isn't it?"

"No, it's fair enough for
a professional letter. Besides, we're not going to get this case dropped unless
we frighten them. “

Moreover in relation to the purchase
price at which Clearfield Limited declared it was paying, Mr. Newberry’s
average valuations were within 95% of the actual purchase price, with your
witness Mr. Dover's average valuations less at 90% and your witness Mr. Baines'
valuations at more at 97%.

In short the valuations of the three
National surveyors were all within 7% of each other in their valuations, and
all valued the properties at less than the purchase price.

We therefore have to suggest to you,
that the analyses indicate that there is nothing untoward as far as our own
client's valuations are concerned, especially when compared with those of his
colleagues whose evidence you seek to use against him, and it seems to us that
to select our client of all the surveyors for individual prosecution is little
short of malicious. "

"Aren't you making that a
little strong? That's a serious charge to make against the Crown Prosecution
Service. "

"Do you think so? I'm
only expressing an opinion. Lisa, David is desperate to get these charges
dropped. Indeed, everyone seems to be desperate to get these charges dropped!
Unless we write like this, how are we going to get them to pay any attention to
this letter?"

"Well, you could be a
little less abrasive."

"But that's not me. Don't
you see that we have to take the Crown Prosecution Service head on and make it sit
up. They are the Crown, Prosecution, Service.”

He pronounced the words slowly
and deliberately, looking straight at Lisa as he did so.

“
The Crown, the State, the
Government, whatever you want to call it, is not going to take the slightest
bit of notice of a solicitors letter when they've obviously invested so much
money in the case, if it is of the 'would you mind awfully' variety. Anyway
it’s easy to see why Newberry has been selected for prosecution – the
involvement in Clearfield."

“
But that seems fairly
tenuous, just the reference to “A.N. Other”, and the note to keep his name
quiet.

“
Yes, you’re right. “On second
thoughts, perhaps we ought to forget about that, and just attack the
discrepancies in Black’s valuations. After all it’s for them to prove his
guilt, not us his innocence.”

"You're the boss. "

"Yes, but these are your
bullets I'm firing. What else can I do with this ammunition?

We mentioned Mr. John Black, and
have to suggest that his report is totally unsatisfactory to the point of negligence.
A year ago Mr Black through his firm of Redshaw Linden and Steele was requested
to carry out a valuation of the property portfolio of Clearfield Limited
Subsequently Mr. Black was requested to carry out a retrospective valuation of
the same properties - the time of the National Building Society valuations.

If Mr. Black is to be believed, it
means that within 2 years, the portfolio had increased in value on average by
11%. This is at a time, when, according to Mr. Black, the market was depressed!
“

"Do you want an
exclamation mark?"

"Yes, please."

"You may or may not be aware
that the National Bank itself publishes house price figures, and the figures
between the dates of Mr. Black’s valuations make interesting reading. You can
no doubt obtain the original information from the bank, but overall property
prices fell 20.6% in Inner London and 13.6% in outer London in that time.

The point that we seek to make is
that in rough figures, in a period where according to the National Bank the
relevant property prices have been falling; according to Mr. Black, who valued
them on their behalf, they have been rising.

All this begs the question therefore
as to whether or not it is in fact Mr. Black who has been negligent and in the
circumstances we must invite you to examine whether or not there is even a
prima facie case against our client. "

Lisa sat back in her chair,
and, folding her hands in her lap and looking at her computer screen, said,
"But why would Black do what he has done. He must have known that property
prices were falling, why have them increase. "

Brakespeare was equally
contemplative, and it was a good few seconds before he answered.

"I’m not sure unless
there’s something that we don’t know. He obviously knew why he was being asked
to do retrospective valuations, because he talks of negligence. Perhaps like
any professional expert witness, he felt that he needed to prove what he was
being asking to prove."

"Really?" Lisa
turned round in her chair and her eyebrows shot up in surprise.

"Really. In any case
where the evidence is really a battle between experts, they are each going to
say what they are expected to say for their fees. In this case it is that
Newberry’s valuations were wrong."

"That's sad."

"It's a fact of life, and
I suppose the way you ask an expert a question. "

"What do you mean?"

"Well, if on the one hand
Black is asked, 'were the 1989 valuations correct?' he could answer a simple
yes or no and claim his fee with impunity. On the other hand if he is asked,
'do you consider the 1989 valuations to be fraudulent', then he will realise
that fraud is suspected, and that what is being asked of him, is to show that
there was fraud. I can only assume that Black was asked to prove that the
valuations were criminally wrong."

"Wow, that means that he
himself was dishonest."

"Well, I wouldn't go as
far as saying that, but I'd like to know precisely what his instructions were.
"

"Is there any way we can
find out."

"It could be something that’s
already hidden among all this evidence. Maybe it's something that we'll have to
work on, but I just hope for David's sake that we have enough here to make the
prosecution sit up and take notice . "

"Is that it, then?"
asked Lisa.

They both looked at their
watches. "Heavens, it's nearly five o'clock." said Brakespeare.

"Look do you want to
leave this for tonight?" Lisa looked at him. "Could we, I do need to
leave on time."

Before Brakespeare had time to
answer, there was a knock at the door, and Mortimer came into the room looking
quizzical.

"Ah, here you both are.
Am I interrupting something?"

"No, we're just
finishing."

"What are you
doing?"

Brakespeare explained the
results shown in the spreadsheets, and indicated the letter on the computer screen.

"Lisa has to go, and so
we'll finish it of tomorrow. "

"But this is incredible,
it's a breakthrough. David did only 21% of the whole of the number of
valuations and 11% of them by value?? Can't you finish the letter off now? How
much longer will it take?" Mortimer seemed excited.

"Not much longer."

"Lisa," said
Mortimer, "can't you make a phone call. We'll pay for any overtime."
Brakespeare was almost sure that a look passed between them, but decided that
there was nothing in it.

"OK, I’ll use the phone
in your office, if I may?" Mortimer nodded.

"Be back in two
ticks." She flashed a smile at Brakespeare as she left the room.

"Jonny, I can't tell you
how relieved I am, especially in the light of what you said at lunch
time." said Mortimer.

"Well don't thank me,
thank Lisa, she's a bright girl, as you said. Probably just not good at
examinations. She had the idea of using a computer spread sheet to sort all the
information out. I wouldn't have had a clue on how to use one. "

“
She'll go far. She's
certainly a help on this case. "

"Then make good use of
her, but ..... " There was a pause.

"But what?" asked
Brakespeare.

"As you said, she'll go
far, and she's a very determined girl. Just remember, she's just a paralegal,
and this is your case. Don't let her take dictate what happens. "

Brakespeare looked puzzled.
"But how could she? Being bright is one thing; having the experience to
use her brightness is another. "

Mortimer shrugged his
shoulders. "That's life Jonny. I suggest that you don't tell Lisa what I
have said. She might feel embarrassed, and it might spoil your working
relationship. "

As if on cue, Lisa walked in.

"That's OK Mr. Mortimer,
for a couple of hours. "

"Right, I'll sort things
out with you later, Lisa."

She gaqve an understanding nod
to him

"Well, carry on Jonny.
Perhaps you'll let me have a copy of the letter in the morning. Don't forget to
tell David. " Mortimer left the room.

Lisa settled herself at her
computer once more. "Now where were we?"

"Well I think that we've
fired all the bullets that we have in connection with the valuations, we'd
better say what we can about Clearfield. "

"What can you say?"

"Very little, and that's
what we need to say, very little, otherwise it looks as if we're worried.
"

"Which we are?" Lisa
asked.

"Which we most certainly
are. Right, here goes ..

We appreciate of course that it has
been postulated that Mr. Newberry has or rather had a connection with Mr. Levy.
His explanations as to that have been given fully in his interview with the
Police and our own instructions are exactly the same. He has nothing to hide.
He had ceased to have any connection with or involvement with Clearfield
Limited before the time of the valuations complained of. Guilt is not proved by
association. You, the Prosecution need to prove that our client took an active
part in the alleged conspiracy, and with respect, your evidence not only fails
to even begin to do that, but in our view, and as we have said, shows that our
clients valuations were on a par with those of his professional colleagues; two
of whom are your witnesses, and not defendants, and one of whom, Mr. Dover
carried out ...