very interesting
- real eye opener in fact. "
"Did David tell you
much?"
Brakespeare savoured the
moment. "Everything".
Mortimer glanced at Ridley,
and then sat down at the opposite side of the desk. Ridley did likewise.
Mortimer stretched himself out and made an effort to appear relaxed.
"Are we going to
win?" he asked.
"Well it seems that we
can't afford not to. In fact my specific instructions are not to let this
matter go to trial. "
"That's good" said
Ridley smiling and nodding.
"Well it's good if I can
succeed, but not otherwise." Brakespeare became emboldened.
"Gentlemen, if I may say so, you seem unusually interested in the outcome
of this particular client's problem, and it seems to me that there's a little
more in it than that he’s a good client. I told you that David told me
everything - well I assume everything - certainly a great deal. Is there
anything that you want to tell me? Anything that you omitted to tell me in our
first conversation, Mr. Mortimer?"
The two other solicitors
looked at each other. "Such as," enquired Mortimer, still trying to
look utterly relaxed about the whole situation.
Brakespeare deliberately
paused before speaking.
"You know that these
charges relate to alleged fraudulent valuations by David. "
"Yes", they
chorused.
"Did you know that all
the valuations related to mortgage applications by a company called Clearfield
Ltd. "
Mortimer twitched a little,
and Ridley looked at Mortimer. "I think that we did. "
"According to David, Mr.
Mortimer, you have a financial involvement in that company."
"Had,.” replied Mortimer
a little too quickly, “I haven't now; but is there any relevance to this
case."
"I don't know, but to a
prosecution lawyer it might seem possibly relevant that the senior partner of the
firm of defence solicitors had some involvement in the subject matter of the
conspiracy charge. In fact if he hadn’t set up the company in the first place,
the events which form the subject matter of the charge, would never have
occurred. I honestly don't know the answer. What do you think?"
Mortimer remained composed –
at least visibly.
"Well I must confess that
the thought had crossed my mind, but as I said, my involvement ended some time
ago. "
"When, may I ask. "
"About three or four
years ago. I seem to recall. "
"You had a financial
stake in Clearfield. "
"Yes, as David has
obviously told you, I put money into Clearfield when Jonathan Levy wanted it
started up."
"On your suggestion. Were
you a shareholder?"
"No, I took a debenture –
a secured loan on the company’s assets. That way I was not directly involved. I
had no vote. I was simply paid a dividend on my investment."
"At a good rate of
interest. "
"Yes, 10% fixed."
“ So it wasn’t a simple loan,
as David told me?”
“ No”
"Did you act for Clearfield
when they bought and sold."
"Originally, yes."
"And for the National in
respect of the mortgage lending. "
"Yes."
Brakespeare could feel his
left eyebrow raising itself. This was a clear conflict between the solicitor’ s
personal interests and those of the National.
"When did you stop?
"
“ Again three or four years
ago."
"Was this because you
felt that you were in a similar position to David; you had a conflict of
interest. "
Mortimer sighed and swayed
uncomfortably in his chair. Ridley mimicked him. Mortimer then took a deep
breath, pulled himself together and smiled in an oily way at Brakespeare.
"You're a good man, isn't
he Dick?" Dick nodded on cue.
"I felt when I met you
that you were the sort of chap who could quickly come to grasp this case, and
by jove you have; well done. It seems that our lives may be in your hands to a
certain extent, and so let me explain. Yes, as Clearfield started borrowing
more money from the National, and with David involved in the Society it did
look to me as if we were perhaps too close for comfort. You will appreciate
that when the Clearfield project started we had absolutely no idea that
- real eye opener in fact. "
"Did David tell you
much?"
Brakespeare savoured the
moment. "Everything".
Mortimer glanced at Ridley,
and then sat down at the opposite side of the desk. Ridley did likewise.
Mortimer stretched himself out and made an effort to appear relaxed.
"Are we going to
win?" he asked.
"Well it seems that we
can't afford not to. In fact my specific instructions are not to let this
matter go to trial. "
"That's good" said
Ridley smiling and nodding.
"Well it's good if I can
succeed, but not otherwise." Brakespeare became emboldened.
"Gentlemen, if I may say so, you seem unusually interested in the outcome
of this particular client's problem, and it seems to me that there's a little
more in it than that he’s a good client. I told you that David told me
everything - well I assume everything - certainly a great deal. Is there
anything that you want to tell me? Anything that you omitted to tell me in our
first conversation, Mr. Mortimer?"
The two other solicitors
looked at each other. "Such as," enquired Mortimer, still trying to
look utterly relaxed about the whole situation.
Brakespeare deliberately
paused before speaking.
"You know that these
charges relate to alleged fraudulent valuations by David. "
"Yes", they
chorused.
"Did you know that all
the valuations related to mortgage applications by a company called Clearfield
Ltd. "
Mortimer twitched a little,
and Ridley looked at Mortimer. "I think that we did. "
"According to David, Mr.
Mortimer, you have a financial involvement in that company."
"Had,.” replied Mortimer
a little too quickly, “I haven't now; but is there any relevance to this
case."
"I don't know, but to a
prosecution lawyer it might seem possibly relevant that the senior partner of the
firm of defence solicitors had some involvement in the subject matter of the
conspiracy charge. In fact if he hadn’t set up the company in the first place,
the events which form the subject matter of the charge, would never have
occurred. I honestly don't know the answer. What do you think?"
Mortimer remained composed –
at least visibly.
"Well I must confess that
the thought had crossed my mind, but as I said, my involvement ended some time
ago. "
"When, may I ask. "
"About three or four
years ago. I seem to recall. "
"You had a financial
stake in Clearfield. "
"Yes, as David has
obviously told you, I put money into Clearfield when Jonathan Levy wanted it
started up."
"On your suggestion. Were
you a shareholder?"
"No, I took a debenture –
a secured loan on the company’s assets. That way I was not directly involved. I
had no vote. I was simply paid a dividend on my investment."
"At a good rate of
interest. "
"Yes, 10% fixed."
“ So it wasn’t a simple loan,
as David told me?”
“ No”
"Did you act for Clearfield
when they bought and sold."
"Originally, yes."
"And for the National in
respect of the mortgage lending. "
"Yes."
Brakespeare could feel his
left eyebrow raising itself. This was a clear conflict between the solicitor’ s
personal interests and those of the National.
"When did you stop?
"
“ Again three or four years
ago."
"Was this because you
felt that you were in a similar position to David; you had a conflict of
interest. "
Mortimer sighed and swayed
uncomfortably in his chair. Ridley mimicked him. Mortimer then took a deep
breath, pulled himself together and smiled in an oily way at Brakespeare.
"You're a good man, isn't
he Dick?" Dick nodded on cue.
"I felt when I met you
that you were the sort of chap who could quickly come to grasp this case, and
by jove you have; well done. It seems that our lives may be in your hands to a
certain extent, and so let me explain. Yes, as Clearfield started borrowing
more money from the National, and with David involved in the Society it did
look to me as if we were perhaps too close for comfort. You will appreciate
that when the Clearfield project started we had absolutely no idea that
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