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Guardian Lie No.6
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To understand this evidence in context read "The concise true story of the 'cash for questions' affair, situated in Section Two



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QC and Guardian comment editor unwittingly reveal bogus legal defence shock!!

Guardian Comment Editor David Leigh

The Guardian's comment editor, David Leigh (also the brother-in-law of Alan Rusbridger)

Introduction to Guardian Lies Nos. 6, 7 & 8

The Guardian’s original ‘cash for questions’ article of 20 October 1994 focused on parliamentary lobbyist Ian Greer’s supposed corruption of Tory MPs Neil Hamilton & Tim Smith. When the article appeared the lobbyist and Hamilton issued libel proceedings immediately, whereas Smith resigned.
    Weeks later in November the Guardian discovered that Smith had resigned not because he had taken payments from Greer, but because he had taken payments from Fayed himself, which the Guardian had not alleged, and which the evidence shows the paper had not known about.
    A couple of weeks later again in early December 1994, Fayed then alleged that he had given Hamilton bundles of £50 notes behind closed doors, with nobody present, and that only he and the MP knew about the arrangement. This brand new allegation tallied exactly with the private arrangement that had existed between Fayed and Tim Smith. Hamilton denied this new allegation with the same fervency that he had denied the first, and suggested that Fayed had used his arrangement with Smith as a template upon which he had invented similar allegations against him to condemn him by association.

Hunt & Keith-Hill’s research showed that the Guardian’s original article accusing Ian Greer of corrupting Hamilton & Smith had actually been based on its long-standing belief that Greer bribed MPs via his convention of granting commission payments to people when they introduced new clients to his firm. However, rather than stating its theory explicitly, whereupon it could be challenged, at this stage the Guardian only made obscure references to Greer’s commission payments.
    In their witness statements for the first libel action of 1994-1996 Neil Hamilton acknowledged receiving two such commissions from Greer (totalling £10,000) during the 1980s. Greer clarified that he had granted these when the MP had introduced two new clients, but he insisted that he had not sought anything from Hamilton in return. For his part Hamilton stated that the commissions had not influenced his decision to support Fayed or any other of Greer’s clients. Indeed, his interest in the battle for Harrods had begun over a year before Fayed had engaged Greer, and he began tabling questions probing Fayed’s enemy, Tiny Rowland, well before he had received his first commission.
      However, from a reading of the Guardian’s articles, submissions, and David Leigh’s book Sleaze, it is obvious that the Guardian’s political staff believed that Greer’s introductory commissions were indeed bribes to reward MPs for championing his clients in Parliament. Most importantly, research by Hunt & Keith-Hill showed that the Guardian had planned its defence to Greer’s & Hamilton’s libel action on the basis of being able to prove in court that Greer’s commissions were the means by which Smith and Hamilton had been paid to support Fayed.

Most significantly, in the weeks leading up to the first day of the trial the Guardian’s lawyers had gone to a great deal of trouble to discover whether Greer had also given Tim Smith a commission payment. With just ten days to go Ian Greer provided the Guardian’s lawyers with documents showing that, contrary to their expectations, Smith had not received a commission (Smith later confirmed this).
    Equally significantly, the Guardian’s belated realisation that its planned defence was now invalid happened to occur at around same time as a hastily-arranged meeting between the Guardian’s lawyers and Fayed’s personal legal advisers. And, so the Guardian’s story goes, it was during this meeting that one of those present suggested that Fayed’s office staff might have been involved in paying cash to Greer and Hamilton. And so, supposedly, inquiries were made the next day, which led in turn to the timely ‘discovery’ of the involvement of three of Fayed’s closest and longest-serving employees in processing cash bribes to the lobbyist and the MP, supposedly left in envelopes for their collection at the entrance to Fayed’s apartment block at 60 Park Lane, London.

These employees signed witness statements dated 27 September 1996, which the Guardian served on Hamilton & Greer’s solicitors two days later on the very eve of the trial — by which time (unknown to the Guardian) Greer and Hamilton had already decided to withdraw their actions (for an explanation see "The concise true story of the ‘cash for questions’ affair", situated in Section Two).

To Hunt and Keith-Hill it was also significant that the three employees’ witness statements contained no inking as to why they had been silent for two years or as to how they came to be ‘discovered’ at the last minute. To Hunt and Keith-Hill it seemed clear that none of the three had given any explanation because the Guardian’s and Fayed’s legal teams had not invented a story for them at this stage.
    The two freelances mused whether the Guardian had decided to leave the invention of a story until after the trial had begun. After all, Hamilton and Greer were due to go in the witness box first, and their evidence was expected to take up to two weeks. This would give the Guardian plenty of time to invent a story before the employees had to go in the witness box themselves.  However, in the event Hamilton and Greer settled their actions on the first day of the trial and so no explanation was needed at that time.

For the next three months Sir Gordon repeatedly requested that the Guardian put its case, but the paper’s editor Alan Rusbridger and its solicitor Geraldine Proudler kept on stalling. It was not until 16 January 1997 that the Guardian presented its case, and not until another six days later on 22 January that the Guardian presented its official explanation of the three employees’ late emergence. They had been discovered, so the paper claimed, by Fayed’s American lawyer, Doug Marvin, who happened to be in London.

It seemed obvious to Hunt and Keith-Hill that the Guardian’s and Fayed’s legal teams had invented the walk-on role of Doug Marvin to prevent any of them from having to testify themselves as to how the three employees had been ‘discovered’.  Accordingly, Hunt & Keith-Hill concentrated their research on whether the Fayed and Guardian camps had put out any other contradictory explanations in the interim while Proudler and Robertson conjured up Marvin's supposed role.

The existence of incompatible stories is of paramount importance, for this would constitute proof that the three employees’ late emergence was a fraud, and from this it must follow that their claims to have been involved in processing bribes were in fact false.

And so it proved to be. Hunt & Keith-Hill discovered three entirely different stories put out at various times by the Guardian and Fayed camps to explain how the three Fayed employees’ had emerged from two years’ hibernation.

These various stories are discussed here in Guardian Lies Nos. 6, 7, & 8.  Each is irreconcilable with the other two, and each is also incompatible with other evidence.  Taken together they prove unambiguously that the three Fayed employees' late emergence is a gigantic fraud, involving Mohamed Al Fayed, Fayed's employees, Fayed's lawyers, The Guardian, and The Guardian's lawyers — and that the employees' claimed involvement in paying Neil Hamilton and Ian Greer 'cash in envelopes' is undoubtedly a complete fabrication.

THE EVIDENCE

The Guardian could not back down: it had staked its credibility on this story.  There was no possible compromise, because Neil Hamilton and Ian Greer would not bottle out..
    ..
The defence case, at this stage, rested largely on the word of Mohammed Al Fayed.  It was the same with Greer, and if the case against him were lost, his unprecedented 'special damages' claim for £10 million would then succeed, at least in part.  The Guardian, unlike most publishers, was not insured against libel, a fact which.. made it a fight to the death.'

Extract from 'The Justice Game' , written by The Guardian's barrister, Geoffrey Robertson QC.  Robertson gives a frank and revealing insight into the weakness of The Guardian's defence to Neil Hamilton's & Ian Greer's 1994 libel actions, with just six weeks to go before the due start of the trial on 30 September 1996

'In recent weeks, extensive corroboration has surfaced…  A willing Fayed, as the libel case against The Guardian neared trial, engaged a lawyer to search his papers and trace witnesses.  He obtained statements from.. Fayed's assistant..  Fayed's present assistant and a security guard.'

Extract from an article by The Guardian's comment editor, David Leigh, published in the Guardian-owned Observer on 6 October 1996.  Leigh describes the fortuitous discovery, three days before the first day of the trial, of three of Fayed's employees, who claimed that they had processed cash bribes to lobbyist Ian Greer and Neil Hamilton. 
    (Significantly, David Leigh did not discuss why Fayed would have needed to employ someone to find people whom he worked alongside most days of the week.)

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