Unravel a Crime - Tangle With Women (22 page)

“
In fact”, Newberry continued,
“I’ve just put the phone down on an old contact from the National. Mick Martin
is a former police sergeant in the Fraud Squad who was appointed Manager of the
Property Fraud Section at the National. He rang me this afternoon when we were
in Birmingham, and I’ve just returned his call

Apart from telling me that he
has been suffering with cancer, and has had a testicle removed, he wondered how
I had been getting on. He has now retired, but has maintained contact with a
Malcolm James who heads the society's Special Investigation Department James
has said that he understood the case ‘to be falling apart as far as the
National was concerned’, and that it was unlikely to proceed on the basis
originally envisaged.”

“
Really? Are you saying that the
letter has had something to do with it? Would the C.P.S. confide in James.”

“
Well Mick he says that both
he and James have made statements, although they are just routine ones
producing documents. He also said that he had been ‘put on standby’, or words
to that effect, as a witness, and he had told the police, or whoever advises
witnesses of such things, that as far as my involvement is concerned, the
proceedings are ‘a complete and utter waste of time’, and that he felt he would
make a better witness on my behalf than he would be for the prosecution".

“
Good Heavens”, said
Brakespeare. He was thinking back to the conversation with Joe. Perhaps the
Prosecution did see this as a really weak case, despite the bluff from Enid
Crawford. Perhaps the case would collapse if they continued digging away at
it’s foundations. The trouble was that neither Breezie nor Geoffrey Blaker QC
could use any of Newberry’s information in Court in any way. Opinions were not
evidence.

Newberry continued “Maybe
Martin developed a skill for character assessment during his police days!!
Certainly when he joined the National, he came to me on a regular basis for
advice on property matters, and generally used me as a 'sounding board'. He
says that over the next few weeks and months he will be a) recovering from his
operation; b) undergoing chemotherapy;, c) going on a golf trip to Ireland; and
d) going on holiday to Australia and the Far East - again playing some golf!
Can we use him as a witness.”

“
Witness as to what?”

“
Well my good character.”

“
If he is to be called by the
Prosecution as a witness, then I suppose we could ask him about your character.
There’s nothing to stop us doing that.”

“
No, I mean at the application
to strike the case out.”

“
No, that application is made
on the basis that there is no case against you. Your being of good character
has no bearing on that.”

“
Oh, O.K., but if you need him
I have his phone number and address. He’s currently working part time on fraud
investigations for the Portland Building Society.”

“
David, if we are successful
in the application, we shan’t need him. Nice to know though that they think the
case is falling apart.”

“
I think that’s down to you,
Jonny.” It was the first compliment Newberry had ever paid him. “I do
appreciate all that you’re doing, and I know I’m a pain in the arse.”

“
All part of the service.”

“
So take this number will you.
You never know, you might need it.”

“
If you insist.” And
Brakespeare took down a number.

“
See you tomorrow.”

“
What?!”

“
I’ve spoken to Margaret. See
you to start work on my statement at 11.00 tomorrow.”

The line went dead. On cue,
Margaret re-entered.

“
I was going to tell you
that…”

“
Mr. Newberry will be coming
in to see me at 11.00 tomorrow.”

Brakespeare was not a little
annoyed with Margaret. It seemed that the tail was beginning to wag the dog.

“
Is that in order?”

“
No. Did Mr. Breezie tell you
that I was to take a detailed proof of evidence from Mr. Newberry.”

“
Yes.”

“
So how am I going to do that
before I have sorted out all the other work I have to do.” He gestured to the
general litigation files waiting for his attention. He had made very little
inroad into them

There was a silence. Margaret
was unsure what to do next. Obviously Gordon Morrison was more malleable.

“
Well, there’s nothing I can
do about it now without seeming stupid in front of Newberry. Margaret, will you
promise me one thing.”

“
Yes, Mr. Brakespeare?”

“
In future do not make any
arrangements which affect me without my prior approval.” He smiled as he spoke,
but he knew that Margaret would take it quite badly.

“
Very good, sir.” It was the
first time she had called him that. ”It’s well past 5.30, and so I will be
going now if that’s in order.”

Brakespeare nodded, wondering
if he should have said what he did.

Margaret made her exit, and in
came Lisa once more. She glanced at Margaret and a look of satisfaction filled
her face.

“
Oh, dear, you made her cry,”
she said without any sympathy, and handed Brakespeare the C.P.S. letter back.

“
First you dislike Breezie,
now Margaret. Are you in a mood or something today.?”

Lisa swivelled her hips making
her skirt swirl from side to side. “Maybe yes, maybe no.” she pouted.

“
Well then, it’s a good job
it’s time to go home.”

“
Not yet Mr. Brakespeare. I’ve
something to show you.”

Brakespeare was about to say
something when Lisa anticipated him. “No nothing like that ” she said.

“
I never said a word.”
protested Brakespeare.

“
You didn’t have to, she said
darkly. “Anyway what I was going to tell you before you had a go at me for
unloading the boxes, was that I have found something else.”

She sat down at the opposite
side of the desk and reached for a thick bundle of papers on the desk.

“
Can’t it wait?” pleaded a
weary Brakespeare.

“
Have you anywhere better to
go. A hot date?”

This was a new Lisa. A
confident Lisa. A more forward Lisa than the dreamy person he had first met.
Feisty. In fact a bit like Mel.

“
Now look here” she said, and
then seeing that the file of papers was upside down as far as Brakespeare was
concerned, said “I’m going to have to come and sit next to you.”

Brakespeare could not tell
whether she was being flirtatious, and so he merely raised an eyebrow and
showed patience as Lisa manoeuvred her chair to his side of the desk. He moved
along to make room for her, and was pleased when she placed her chair as close
as possible to his.

Nonetheless he was feeling
tired after the journey to Birmingham and the stress of the conference, and
really hoped that whatever it was that Lisa had found, would wait.

“
Now,
this,” and she turned to the front page, “is Volume XS2 of the Exhibits, and as
you see it contains 389 pages. What these consist of is correspondence between
an M. K C Walters, the Manager of Special Financial Services, Commercial
Lending Department of the National Bank and Redshaw Linden & Steele.”

“
Black’s company.”

“
Look, here’s the first
letter. It’s not addressed to Black but to someone called Thorpe, asking him to
value a ‘Portfolio of Tenanted Properties, North London.’. Later it says that
Walters and someone called Maddison are joint receivers of the properties. I
don’t understand that.”

“
Well when a property is
repossessed by a mortgage lender, someone has to manage the sale of it, and so
someone, or as in this case because there are a number of properties more than
one person, is appointed as what is known as a receiver, and he has power to
effectively do what he wants with the property in order to try and recoup
whatever is owed to the mortgage lender.”

“
Right well look, here they
are asking Redshaws to value what must be all the Clearfield properties.”

“
Christ, look at the agreed
fee. Six Thousand bleeding pounds”

“
I thought you’d like that.
But look at this. The letter encloses another letter which is the National’s
‘Standard Valuation Instructions.’ You said that you’d like to know what
Black’s instructions were.”

She turned the page over.

“
See anything?”

Brakespeare read what was
obviously a standard pro-forma letter. He shook his head to try and clear his
brain.

“
Seems pretty standard to me.”

“
What about the third
paragraph?”

“
What about the third
paragraph?”

“
Read it.””

Brakespeare sighed and read
the paragraph out loud.

“Your valuation should be carried out
in accordance with the Statement of Asset Valuation Practice and guidance notes
issued by the Royal Institution of Chartered Surveyors and inter alia should
address the following matters:-

1.
                  
details of location, accommodation and current planning
position in relation to each property.

2.
                  
Your comments as to the tenure of each property and the likely
new rental levels on review, both to existing or new tenants

3.
                  
An open market value of each property sold with the benefit of
the current tenancy arrangements.

4.
                  
The open market value of the property, assuming that vacant
possession were available as at today’s date

5.
                  
An indication of the most beneficial method and timing of sale
(i.e. auction, sale by private treaty), together with suggested reserve or
asking prices.

Your report should include full
details of the parameters used in preparing the valuation and any assumptions
which have had to be made.”

“
Well that seems comprehensive
enough.”

“
Oh, Jonny, wake up. Can’t you
see the obvious difference between what Black is being asked to do here, and
what David and his colleagues did?” She excitedly shook his arm as she spoke.

“
Sorry it’s been a long day.
What is it?”

“
Well David was doing a
mortgage valuation, and the case against him is that he overvalued for mortgage
purposes. Here Black is being asked to value them as an asset, which I don’t
think can be the same thing.”

Brakespeare suddenly sat up in
his chair. He felt a flow of adrenalin, and his brain became sharp once more.

“
That’s odd, I wonder how
these letters got in the Exhibits. If Black is being paid six grand a shot to
do valuations, then he’s hardly the Prosecution’s Independent Expert Witness.
Who is the witness who refers to this exhibit.”

“
Just a routine witness, a man
called Michael Roger Martin, who is something to do with the National’s own
security department.”

“
Was” corrected Brakespeare.

“
Do you know him?” Lisa’s eyes
widened.

“
No, but Newberry does. When I
spoke to Newberry just now, he told me that he’s received a phone call from him
to say that the case is falling apart.”

“
Really!” Lisa’s face was but
inches from his and Brakespeare longed to plant a kiss on her open mouth. What
he really wanted was more of the sexual magic that Mel had given him, but which
unfortunately Lisa showed no signs of offering. On the other hand, her
excitement was infectious..

“
Yes, really”, he replied. “In
fact he left me his telephone number should we want any help from him.”

“
Can we do that.”

“
Well the law is that there is
no property in a witness. Anyone can talk to the other side’s witnesses, except
of course that it doesn’t happen – well I’ve never come across it. But I’m not
sure what he knows that can help us.”

“
Now, look at this,” Lisa
said. “Here’s Black reply. Just read what he says.”

Brakespeare did so.

“
Well he’s merely confirming
that he will value the properties as an Asset, with the usual disclaimers.”

“
Sure, but look at this,” and
she read, “However you will appreciate that with the particularly depressed
state of the current market, it is no longer possible to ‘guarantee’ a sale
within a particular timescale, although the figures will naturally endeavour to
reflect the market conditions applicable at the time of the inspection.” and,
she continued, pointing to another section of a page. ”Each property will be
inspected from the pavement only, and a ‘walk past’ basis. It is assumed that
each property is offered in good order, and with no defects requiring
attention.”

“
So Black has done neither
done a mortgage valuation nor an asset valuation.” said Lisa emphatically.

Brakespeare shook his head
slowly. “I really don’t understand this case. How can they bring a prosecution
based on Black’s evidence, or if they are, why has this paperwork been
included?”