Friday, 19 December 2008
Shilly or Chalet Man?
The Diogenes Club is a strange collection of enquiring minds and often encourages its members to follow their noses wherever their occupations or interests take them. Stories from the Diogenes Club otherwise would be merely coffee table affairs. We are drawn to the world of intriguing phenomena and one arm of our collective enquiries is trying to piece together what has happened, from the traces that are left for those with eyes to see them.
A few years ago a reader of my own newspaper, a Mr Derek Stuart, prevailed upon me to investigate injustices he claimed to have suffered, and this led to this guarded publication here, following a couple of months activity:
The matter has never been resolved to my or his satisfaction, but it involved a steep learning curve, that has had Diogenes Club members open mouthed in disbelief.
Mr Stuart has since been accused of various misdeeds but my take on events is that whilst he has found himself in hot water for fighting the system and taking on extraordinary challenges, the required element of mens rea is not there to justify the claims of his accusers. Long may I be Sancho Panza to his adventures, for if only a tenth of what he claims is true, he is a hero of sorts. The clue, the thread, is Don Quixote, yet the reality is nearer “The Trial” by Franz Kafka. Maybe.
In the process of getting to this pass I have undergone training in investigative journalism, given evidence in court, seen a protagonist go to jail (twice) yet seen an innocent dupe go to prison too.
I have met some very interesting people and earned and actually enjoy a ‘certain’ reputation with the United Kingdom’s Police CID (amongst other agencies of the state no doubt).
All this without any detriments, arrests or convictions for myself, but possibly at the expense of the loss of a few civil liberties and a naiive confidence in the system one might expect to enjoy in a less threatening world.
I have come to realise there is a pecking order in the security world, and one’s span of activity is closely watched by others higher up the ‘chain’. Thank God this is England, and it is possible for a Quixotic animal like myself to learn what I have learned in safety and whilst ‘under the eye’ of a sympathetic
state that allows you a rope long enough to hang yourself if you do not act appropriately. Similarly the Diogenes Club, for they have kept a safe distance from events, looking for the clear blue sky others seek to preserve their thresholds for comfort and their reputations for fair dealing.
I may even have gained a certain reputation for fair dealing in certain quarters. At least three people think I work for the Security Services nowadays. So perhaps I was doing something right?
Anyway, here is a published example of the so called evidence gleaned from my enquiries using my (Chartered) Librarianship skills. I even hazarded a court appearance as a kind of expert witness, at least in the eyes of the litigant Mr Derek Stuart even if the noble judge could not restrain himself from a moment of astonishment. Otherwise, the Judge, Lord Meston, showed admirable restraint as I gave my evidence, and I hope he would not add a new sentence of his own (for contempt of court ) to my sentences repeated here. t I had furnished the court with my reportage both before the hearing in a “bundle” of evidence and after the hearing because the official record became lost.
My research was published contemporaneously yet has disappeared from its previous location without explanation. At least I can now publish it here, I believe, quite legally: on my own site.
For the avoidance of any doubt the reader of my Mudeford Sandbank Newspaper was Derek Stuart, former owner of one of the best houses overlooking Christchurch harbour, and Mr A L R (Bob) Morton was the buyer of said house, Mulberry Cottage.
I was paid £400 for this research. Which covered the expenses at the time.
Mr Stuart had been impressed by my grasp of another story, which happily remains in print here:
...this was about a beach hut story involving in passing a couple of local estate agents he felt some irritation towards in his own world.
Anyway, enough about that minor story, here is something upon which I cut my journalistic teeth:... or so I thought...
Bournemouth County Court Claim No: BH303238
Background information on defendant Mr ("Bob") A L R Morton from public sources....(or why claimant Derek Graham Stuart is not paranoid).
Author Tim Baber, editor: www.msbnews.co.uk 26.08.2003
Arthur Leonard Robert (Bob) Morton, born February 11, 1942 and now aged 61, has as his main residence Wappenbury Hall, Wappenbury, Near Royal Leamington Spa, Warwickshire CV33 9DW. This mansion (a "stately pile" according to the Times on 30/07/02) was formerly the residence of Sir William Lyons, founder of Jaguar Motor Cars. Mr Morton is regarded as a successful serial entrepreneur, having at least a score of directorships (including several as Chairman) in areas involving and including computer security, physical security, military technology and nuclear contracting .
Notwithstanding Mr Morton's access to private security measures or other affiliations, including allegedly Masonic ones, that Mr Stuart believes have obstructed justice, I should at this early stage perhaps state I now personally believe that Mr Morton, is of sufficient importance to the national interest to be considered a "national asset" worthy of appropriate protection by the state. A far as I am aware Mr Stuart has done nothing illegal and my concerns extend to his alleged persecution being for inappropriate reasons connected with a cover up of an alleged fraud.
I also can legitimately ask whether he has adequate motives, means or opportunities to protect his own interests at the expense of the claimant, through his "empire"; or even suggest he is likely to be similarly protected by others, including even the state.
When the claimant argues he has been frustrated in seeking justice in the matter of Mulberry Cottage I see this as possible evidence for others conspiring on behalf of Mr Morton resulting in Mr Stuart finding at the very least evidence stolen, his human rights threatened and his reputation slandered leaving Mr Morton appearing to be "untouchable".
Mr Morton's companies often service blue-chip clients. He is a chartered accountant (FCA) and is regarded as an expert in mergers, acquisitions, consolidations and take-overs in the new technology sector.
His personal fortune was estimated to be some £175 to £200 millions at the height of the dotcom boom, and although public sources -
[on 07/06/2002 The Evening Standard had noted ..."collapsing share prices in Morton's portfolio have savaged his reputation as a sharp investor..."]
have suggested his fortune may now be a fraction of that;
["all of his Chairmanships have seen their share price go through some pretty chilling plunges over the past couple of weeks"...Accountancy Age March 6th, 2003...]
his son, Andrew Morton, reportedly stated to the claimant D G Stuart at a chance meeting on 15/08/2003 that his father had earned £200 million in the previous week.
Whilst company information, directorships and Chairmanships may change, most of the following is probably still current and is indicative, in any case, of Mr Morton's span of control, influence and connections over recent years. Financial matters are not really considered relevant, it is the functions of these companies that have been selected which are felt relevant.
Let us first look at an exception to his usual software stable, the company MacLellan Group PLC, formerly Morton's Jordec Group PLC and before that Baris Holdings PLC, also formed from the pedigree of Haden MacLellan. Morton became chairman on August 5th, 1996. Trade comment at the time was "Mr Morton, the Chairman, has a good business record, and has sunk plenty of his own money into the company" [source: companynews.co.uk] notwithstanding the writing off of a disputed 1996 decontamination contract on take-over.
According to the Independent (02/05/2001) MacLellan has facilities management responsibility (including opening the mail, security equipment and guards) for 700 buildings owned by the Customs and Excise and the Inland Revenue. There has also been in the past a contract with British Nuclear Fuels including the decommissioning of nuclear power plants. Devenport, Sellafield, Harwell, Dungeness and Trawsfynydd have been cited. New contracts worth £30billion pounds are anticipated for the nuclear clean-up at Sellafield according to the lead story in the Guardian 26/08/03. Airport baggage handling, at Gatwick and Heathrow, are another area of operations. (Peter Simonis, a non-executive director of MacLellan since 1992, died suddenly on 14 February 2000).
Then there is Harrier Group PLC, established in 1987. Mr Morton was appointed Chairman on 28/06/1996 owning through his British Virgin Islands trust (Southwind) some 8.5million shares. This company specialises in "high-end internet, networking and data security solutions" [source: Fame company Report]. Harrier Group specialises in authentication, encryption, secure data storage and public key infrastructure. All of these are highly valued and sensitive areas.
Its clients have included the BBC, BAA, Prudential, National Power and Vodaphone, amongst many other blue-chip clients. The Evening Standard noted on 7/06/2002 that ..."Chaired and 29.9% owned by legendary investor Bob Morton, Harrier has seen its shares plunge by 99% since the top of the dot com boom in February 2000."
Mr Morton is a stakeholder, through his British Virgin Islands family trust, in Cryptic Software which markets a "breakthrough computer anti-hacking system" to protect information from previously unknown "computer fraud, hacking and espionage".
BSoftB is perhaps the most interesting company that Mr Morton has chaired, although it was recently wound-up. BSoftB provided computer services or cabling services to, amongst others, the following clients: BAe Systems Marine, Devonport Naval Dockyard, First Hydro Ltd, French naval industries, British Nuclear Fuels PLC, The RAF (Joint Air Transport Evaluation Unit) Spanish naval industries, Vosper Thornycroft, the Computer Sciences Corporation and the Clarity Group.
Of these clients of BSoft B, a few facts or comments from public sources may help. Bae systems has world-wide military contracts producing annual sales of some £12 billion. Some 50 of the world's navies use their systems.
The privatised Devonport Royal Dockyard has an annual turnover of some £260 million. For Mr Morton and his clients, the need for commercial confidentiality, confidence and national security interests are, hopefully, obvious.
First Hydro Ltd is a hydro-electric company with 16km of underground tunnels in a Welsh mountain.
The RAF connection refers back to RAF Brize Norton, the RAF strike command and the RAF Air Warfare Centre with responsibilities for Defence Electronic Warfare and evaluation.
Vosper Thornycroft is a prime contractor for major warships world-wide.
The Computer Sciences Corporation are computer systems integration specialists with blue chip clients across all major industry sectors, including clients in aerospace and defence at home and abroad. They have a data outsourcing contract with the Royal Mail group valued at 2.4 billion pounds over 10 years. They also hold or have held contracts with BT and the US federal government and the US Defense Communications Agency.
In a vignette of the computer industry appearing on the web, Bob Bemer referring to a business alliance between computer giant UNIVAC and the Computer Sciences Corporation over which he presided as being..."in the smoke and mirrors period" and that "about the shenanigans, Roy Nutt or Bob Patrick would never have been involved. Very straight shooters. Patrick had probably left by that time, anyway...."
Incepta Group PLC was another company Bob Morton directed from 04/11/1992 to 31.03.2001. He stepped down as chairman in October 2000. It specialises in advertising, marketing and public relations for international clients with a subsidiary, Citigate, specialising in crisis management and global intelligence and security. Mr Morton was especially responsible for steering the Citigate acquisition which was completed by March 3rd 1997.
Citigate, with 78 offices world-wide and scores of subdivisions, rank competitor intelligence, hostile take-over defence, litigation intelligence, fraud investigation, threat assessment, security auditing, counterintelligence, asset searching, high tech investigations, executive protection, crisis management, media relations and employee vetting amongst its strengths.
Silvermines Group PLC is an Engineering and technology group of Mr Morton's former chairmanships which supplied the closed circuit TV for the extended Jubilee underground line. It's aerospace division (now sold off to Esterline Technologies in the US, had a contract in 1998 with GEC Marconi for project Siren, a missile decoy system. The Birmingham Post for 11/08/1998 indicated the company had won £2.5 million in orders in the Far East for its security division.
In a similar field is Future Integrated Telephony although Mr Morton's 14.6% investment in the troubled company and Chairmanship was overshadowed by a Department of Trade and Industry investigation [according to the Birmingham Post for 28/10/1999] into a number of current and former directors. Mr Morton was also noted to be Chairman of Just Results, a private company in the same sector from whom Morton had bought the shares.
Also in this field is Vislink PLC . Mr Morton was appointed to the board 09/10/2000 which specialises in broadcast technology, image processing, security solutions and satellite communications.
One software industry take-over involving Mr Morton, between Oneview.net by Freecom.net (Morton: at the time had a 16%stake in Freecom which today is Systems Union Group PLC- where he is Chairman - see below) reportedly descended into chaos [in the Birmingham Post 01/06/2000] where a spokesman for Mr Morton said" there was no question of fraud, but Oneview became a tainted company after what happened and Bob decided the best thing to do was to find a buyer for the whole group". [The upshot was that Oneview's directors agreed to hand back nine million Freecom shares].
The Systems Union Group has had Mr Morton as a director since 06/05/1995 and is a global software vendor, with offices or partners in 76 countries, having grown from Morton's Freecom.net, above. It has SunSystems, Pegasus and REDtechnology as its operating businesses. SunSystems software is available in 30 languages, being the eighth largest in the UK.
He is also the Chairman of Clarity Commerce Solutions which deals with sports and leisure management software for private and public (e.g.council) clients. Electronic Fund Transfer technology at Point of Sale (EFTPOS), i.e. electronic money, is a speciality. Here, again, there is a strong link with Sun Microsystems.
Mr Morton also has, or has had interests in Golf Club computing facilities and the Chairmanship of Interclubnet which supplies technology for a "total administrative solution" to football governing bodies globally...communicating at the highest level with the football industry.
Note: Andrew Jennings, investigative author formerly with the BBC and Granada's World in Action series, is an expert in sports, politics and international organised crime and has testified to the US senate in 1999 on Olympic scandals. He regards international sports bodies such as FIFA and the International Olympic Committee as suspect in facilitating international money laundering.
Mr Morton has had other interests, such as being formerly part of Vantis Morton Thornton...accountancy consultants specialising in networking and business clubs. Mr Morton purchased in February 2003, 15% of Tenon, a competitor in the consolidation field. On a city website www.financialdirector.co.uk, Morton is reported as saying he played no part in the management or investment decisions of Southwind, his family investment vehicle, [a trust registered in the British Virgin Islands to benefit his infant children, which bought 23 million shares at then an all time low price] Mr Morton is now 61 years old.
There are several other companies in which Mr Morton is either a director or past director, some of which have disappeared, changed name or been wound up. This research has been done as desk research only, and undoubtedly has some errors or omissions, which a proper search at Companies House could rectify.
Those featured above have been selected as arguably demonstrating he has both the means and the opportunity to protect his interests, or that others may do so on his behalf. This action may be irrespective of any so-called Masonic collusion for which I may have other comments to make in evidence, if required.
The required element of motive to protect his interests in a conspiracy might appear if Mr Stuart were to pursue and embarrass Mr Morton through the courts regarding the Mulberry Cottage alleged fraud.
Mr Stuart claims a subsequent comprehensive cover-up by various means has obstructed him and, ultimately, justice. I may have comments to make regarding this in evidence, if required.
Tim Baber 26/08/2003
UPDATE: On background information on defendant Mr “Bob” ALR Morton from public sources to be read in conjunction with witness statement of 26.08.2003 also by Tim Baber in case Bmth County Court .:. BH303238
Mr Stuart has asked me to relate any new developments since the previous statement which was contemporary to his claim.
I am happy to assist from ambient sources, although a professional would be able to improve upon this in particular in collating his many Chairmanships, directorships and shareholdings.
Looking over my files I am able to offer the following, some expressly at Mr Stuart’s request:
As I mentioned in the evidence I gave at Bournemouth Crown Court before Lord Meston, in London Lord Justice Hart previously disposed of two cases involving Mr Morton’s companies on the same day. Although I could draw no inference, Mr Stuart found this possibly significant.
Southwind Limited (BVI) is a family investment vehicle set up to benefit Mr Morton’s children and registered in the British Virgin Isles. On a city website Mr Morton is reported as saying he played no part in the management or investment decisions of Southwind. [www.financial director.co.uk] [5th August 2003]
Notwithstanding this in court evidence against Mr Stuart (who was persuaded to secretly transfer Mulberry Cottage to Southwind Limited…that is under a confidentiality agreement that I have discovered through familiarity with Mr Stuart’s paperwork), Mr Morton asserted in his statement that he has at all material times acted as it’s investment advisor“.
Accountancy Age has noted “have a look at some of the companies where Southwind invests and you can’t help but spot that Morton fills the role of non executive chairman.
I expressed concerns about the apparent contradictions over Mr Morton’s role with Southwind (on the 16/02/04 by letter) to the UK Revenue and Customs.
I note Mr Morton has reportedly moved lock stock and Rolls Royce to Hawk House, (named after Westmead Hawk, his superb greyhound), in Jersey, Channel Islands in 2005 (source Pat Lay, This is Money 7 April 2005) .
I am unsure if these two events are unrelated.
(I was aware that Mr Morton’s company had at the time the facilities management/letter opening role at every Customs and Revenue office in the country, but proceeded undeterred!)
A Bahamas connection?
Mr Stuart informed me that he had telephoned Mr Morton apparently in the Bahamas to offer him back his deposit at the time of the auction of Mulberry Cottage.
A transcript of a Queens Bench Division trial between the discredited Bahamian company Guardian Trust Co Ltd v Davidson of 12/03/1991 refers to Southwind shares. This possible aspect, if any, of Southwind having any wider application is frankly beyond me, but is included for completeness.
Royal Armouries/Tower of London
Mr Morton is a director of the Royal Armouries (and a trustee of the Tower Of London), alongside a representative of HM the Queen.
MacLellan Group PLC: Mi5 connection/Interserve takeover scandal
Mr Morton’s former company MacLellan which in additiion to its secret state role mentioned before also provides industrial services/facilities management services to the Security Services, including Mi5.
But MacLellan has recently been sold to Interserve PLC for £118million in cash and shares. A dispute arose over a £25.9 million false accounting scandal by Interserve costing the vendors an anticipated £7million. Reuters reported Mr Morton said he was seeking compensation on an amicable basis, but if it can’t be done amicably we will try other means.
Morton’s reported interest in Silvermines should now read Vislink PLC which owns Active Imaging and is associated with the Bewator Group and has reported contracts with the British Army.
The £3.5 billion Jubilee line project in which one of Mr Morton’s companies was a security video contractor was noted (most recently according to the Shadow Attorney General at a fringe meeting I and Mr Stuart attended of the Conservative party) for a longshore fraud scandal that implicated many of the contracts awarded to contractors. I have notes on this but following the collapse of much of the case I would refer to Judge Anne Goddard, or Britain’s then most senior judge, Lord Woolf, or the Britsh Transport Police or Inspector Stephen Wooler or the CPS as the matter is complex. See the Guardian for 24/03/2005.
Whilst I could list all Mr Morton’s chairmanships, directorships and take a stab at his recorded share dealings I have not done this as his stable is complicated and changing. However, the following may be noted:
Lynx Group PLC
Provides financial software and data solutions for banks. Bob Morton is a shareholder. Also provides offshore finance solutions and operates for the emergency services etc. Not mentioned before but offshore finance expertise may be relevant in the following connection:
My statement about international fraud and money laundering at the highest level of the Football industy, (where Mr Morton’s company provides software) has since been exposed within FIFA by investigative journalist Mr Andrew Jennings on Panorama. I predicted this following my attending an Investigative Reporting summer school in 2003 (and again in 2004) where I first heard and taped Mr Jennings on this subject.
Assisting Mr Stuart over the last four years I have become aware he has been removed from his evidence (against Mr Morton and his co-defendants) and vice versa. Also his access to witnesses has been frustrated and his chances of obtaining confessions has been circumvented.
The means used to cool him out or provoke him unwisely in his seeking justice and the persons concerned that have been discovered by me I have seperately reported to the courts and the CPS where I have personally become aware of them.
I name Roy Pack and Steven Hamilton and have similar concerns over Philip Moroney and Gerald Coulter, amongst others, in this regard.
This concern over the use of undue extra-legal influence on proceedings may possibly include Paul Goldin, (who is a stepfather of Steven Hamilton) giving rise to concerns of possible obstructions to justice at the level of a head of state with concerns in the direction of and in the person of Bertie Ahern. I have passed on my concerns in this matter to the CPS, here in the UK and the courts in Ireland, amongst others, as this is beyond my knowledge or competence.
When the opportunity has been taken I have public documents and private recordings I can offer in support of this assertion. I believe convictions have already resulted in this area with regard to Mr Hamilton at least. Matters are proceeding further so I regard the matter as sub judice.
Accordingly Mr Stuart and I latterly have become aware of a mini-industry of extra legal activity practiced in his and other cases, (leading far and wide), threatening in our view to obstruct the administration of justice and threaten the Queens peace in this and other cases Mr Stuart has tried to understand, at least.
Author: Tim Baber
Draft (2) of 31st October, 2006
For balance, I include this: I offered it to the judge when the official record of the case was “lost”. It was sent with the notes made in the courtroom to indicate any embellishments.
BOURNEMOUTH COUNTY COURT Date 21 October 2003
Claim Number BH303238
Claimant Derek Graham Stuart
Defendant Arthur Leonard Robert Morton Ref. TE/KF/E1137
Before His Honour JUDGE MESTON QC (Judgement made 23/10/03)
The following is from casual notes made by Tim Baber (of msbnews.co.uk) made in his notebook on the day of the hearing.
The judge asked if legal aid was available. On being told none was forthcoming Roy Pack asked to speak and said that if legal aid were to be forthcoming he would like to assist as a Mackenzie partner. The judge said there was no legal aid in this case. Mr Pack said "I think he (Stuart) needs some help, his best proposition is for postponement as he is not in a fit state to proceed".
Some debate ensued over the issue of a public funding certificate (Legal Aid) with Mr Stuart observing a solicitor (Coles Miller) had fabricated a debt against him to frustrate getting a certificate in the past and that , amongst others Letchers (solicitors) had recently refused to help Stuart with legal aid or to assist him to pursue some 150 people who Mr Stuart alleges have defrauded or conspred to defraud him.
Despite Mr Stuart citing Legal Aid officer Alan Edwards suggesting a certificate would be forthcoming the judge said Mr Suart was "highly unlikely to get legal aid" and earlier "you can't get legal aid". The judge agreed Mr Stuart would qualify in terms of means but would fail the merit argument. Mr Stuart said he should get legal aid because he "was entitled to it".
The judge said the claimant had not explained the case in detail to which Mr Stuart replied he had no legal representation, his documents had been stolen, witnesses had been threatened and that he had medical grounds. Mr Stuart said that one witness to how the fraud takes place...(disembowelling you of your property and being left homeless and penniless)...had just had his house burnt down. He also charged that the judge had (according to a lady court official) personally asked for the case. The judge replied "I have not in any way asked that this case be put in front of me" and that he had merely observed "it ought to remain down for me as I had read so much of the file".
At this point Mr Stuart said that since 1987 it was well known he had dealt with and investigated organised crime in Dorset, running a group which assists people which makes him an enemy of Freemasons and causes him lots of problems and that the judgements made by the judge had been unfair.
The judge replied that for the record he was not and have not ever been a Freemason., and that he had not made any judgements yet. Mr Stuart said that the judges requirement for a medical report and a police report had not been complied with in time and that he (Stuart) "was never going to get it". He said what he had had been obtained by by-passing the system. and requested an adjournment.
The judge then looked at the medical evidence. An appointment with Dr Chainey was not until the following Thursday - too late. A letter from Dr Gemmell mentioned Mr Stuarts "lack of concentration" Mr Mark Hardy, RMN was to offer evidence on Mr Stuarts medication regime and a Senior Practitioner reported on a recent change of medication.
The judge then referred to Mr Stuarts behaviour sending 74 Xmas cards in mid December 2000 (one copied in the Defendants bundle). Mr Stuart argued that the words "Goodbye for now" on the card was not a threat but he had been tipped off by a "Mr Smith" who "deals in the underworld" and earlier in August by a police officer that he (Stuart) was expected to be murdered, sectioned, kidnapped or imprisoned on false charges. The police officer suggested he "secrete his documents and lie low for a while".
Mr Stuart was subsequently sectioned under the Mental Health Act on 14/12/2000, then again on 26/07/2001 and February 2002. Mr Stuart alleged some unecessary medical interventions had been made as well. The alleged mistaken murder of Mr Calder on 26 July 2001 ( in mistake for MR Stuart) was also mentioned in support of this testimony. This, Mr Stuart said explained his behaviour in asking friends to look after some hair samples to assist in identifying his body with DNA at a later date. Attempts to obtain the Coroners report (an open verdict) on Mr Calders death have so far proved futile. Copies formerly in the posession of the Press have on enquiry subsequently dissapeared according to Mr Stuart. (Mr Stuart was sectioned at the time of the inquest so could not attend as an interested person).
Mr Stuart added four of his witnesses have been threatened and had withdrawn their support.
Mr Stuarts behaviour in alleging surveillance by Helicopters was enquired into by the judge. Mr Stuart claimed inciddents were to harrass and intimidate him and could be supported by two witnesses present, his daughter and a Mr Graham. Mr Staurt had sent cards to some officers he discovered were involved.
Mr Stuart then said he had not had a chance to read the court proceedings from the London hearing, as they had not been recieved in the post and had only just been given to him that morning. The judge replied he "hadn't read it either so we are in the same boat" Mr Stuart repeated his request for an adjournment for 3 months based on the medical evidence. Mr Hardy RMN gave evidence of recent events that Mr Stuart had been more sleepy of late and that his medication was to be reviewed...possibly with the aim of gradually reducing it. The Defendant (Mr Morton's) barrister noted that the medical argument had not been used in the recent London court hearing, although Mr Stuart had appeared to be agitated. Mr Staurt responded that for him London had meant two attempts to stab him in the past whilst visiting the bank at Harrods which had required assistance from their security staff.
Mr Stuart further alleged that his documentary evidence had been stolen on numerous occasions including even the recorded delivery slips from his posession numbering some 1,200 records. He alleged that Mr Morton had the means to organise this, citing Citigate as an example of Mr Morton's connections.
Mr Baber then gave evidence, citing a bundle document of 4 pages, of research he had made on computer databases outlining Mr Morton's interests in companies in the fields of military and nuclear contracting, corporate, physical and computer security. He was of the opinion that such connections gave Mr Morton the means and opportunity for a cover up, the element of alleged motive being to defray the embarassment Mr Stuart presented over the alleged Mulberry Cottage fraud.
Mr Baber also stated that some 3 or 4 days after meeting Mr Stuart and hearing (and taping his story) his "office" was burgled and what he believed was a death threat was left behind. He said for him the discovery of an allegedly tampered letter in which a paragraph involving Mr Mortons name had been deleted was the impetus for his enquiry into why this might be so.
He was asked by the judge about the supposed coincidence he, Mr Baber, had discovered of another of Mr Mortons companies having their case heard by the same judge in London (that dealt with theStuart case) on the same day. Mr Baber was unable to futher assist the court .
The judge concluded the morning session at 1.20pm by insisting Mr Stuart present some firm evidence on resumption after lunch.
After lunch, at 14.15, Mr Stuart began by saying in the past 3 years every angle of finance has been blocked by very strange, peculiar circumstances and yet he (Stuart) was being accused of abusing the system. He asked that proceedings be adjourned until after a proper medical report had been ordered..the one the judge had requested. The judge said he took the point about the medication but said "never mind" about the medical report. Mr Stuart asked for the police report on his stolen documents to be forthcoming which he believed was being blocked by the police...and that he did not expect to get anything from them. The judge said "allright" but also he was not going to get one if they are not going to produce one". Mr Stuart also asked for a report on his dyslexia to be prepared. As far as evidence was concerned Mr Stuart observed that on of the documents of his [to !0 Downing Street} that had been stolen now appeared in the defendants bundle as evidence of his acting vexatiously. Then he offered the evidence of an allegedly forged letter "a ten year old could understand" the judge had asked to see which centered on a change of font and deleted date suggesting, Mr Stuart said, proof of another substitution by the other side.
The judge said the significance was not obvious, that he simply did not understand what Mr Stuart was saying and the barrister for Mr Morton indicated the alleged substitution was not as Mr Stuart suggested.
Mr Stuart responded it was not obvious because it had been tampered with.
At this stage the barrister for Mr Morton argued there was no point in giving an adjournment for three months and that no advantage consistent with the overriding duty or objective is apparent. Mr Stuart asked for the new Doctors report on the following Thursday to be taken into consideration but the judge replied he couldn't overrule something he hasn't seen.
The judge then concluded in the case D G Stuart v Morton a claim for in excess of 6 millions pounds had been issued essentially claiming a conspiracy to purchase Mulberry Cottage through it being undervalued, the stealing of documents , tha attempted murder of Mr Stuart and the apparent murder of another man. Mr Morton is one of many people he intends to sue in prceedings yet to be started - up to 140 people in all.
The defendant Mr Morton seeks to strike out the claim as vexatious and an abuse of the court with an injunction . Today the defendant served some written statements (a few days late) .
The claim by Mr Stuart is simply fantasy. The direction in August was not formally filed with evidence in support to help me understand his claim and his application for a 3 month adjournment is not clear.
His grounds are that documents have been stolen or substituted, he is under medication and has limited ability to concentrate, his office has been closed by police harrassment and he is unable to obtain legal representation.
To be considered today was a further medical report and a police report.. After a further application on the 9 th October he has been able to obtain either. The order failed to mention no legal representation and the statement I asked to handle the case personally I have dealt with. The Masonic element I have also dealt with. On his application for adjournment based on an abscence of legal representation he has had some form of legal advice in the past on different matters. There is no question he would qualify on the grounds of a means test. The obvious problem is assessment of the merits of his claim. None of the solicitors he has consulted are prepared to support him on the basis of this recent application. Mr Kidd of Letchers states he intends to sue 140 people. I have no reason to believe he would recieve assistance from the Legal Assistance Commission.
He has had ample time to bring action, events have been triggered by the sale of the property in the year 2000. If there was any merit in them he would have been able to obtain legal assistance,
As far as his health is concerned from documentation, what he has said and what others have said there is a very unhappy history of mental health problems. He was sectioned in 2001 and 2002. A letter from his GP of 17.10.03 refers to a persistent delusional disorder. His medication (including amisulpride) has been doubled and he has found it more difficult to think. Mr Hardy RMN says he is more sleepy and his medication will be reviewed.
It is not entirely clear what could happen in 3 months time. Mr Stuart is highly suspicious a report has not been produced in time. Although I have been reminded by Mr Stuart I am not a doctor he has been able to argue his case with some force. I simply do not know. On the 25/09/03 Mr Stuart acted without apparent difficulty and the mental capacity argument was not used then. I have no reason to say that an adjournment today would present any appreciable benefit than today or that Mr Stuart would be more lucid. I do not think he has been sufficiently disadvantaged today.
With respect to police harrassment, Mr Stuart suspects Mr Morton has arranged for the surveillance etc to provoke and intimidate him. I really have no evidence one way or another. As regards his documents being solen he claims some 80% of his documents have been stolen. Frankly I am unclear as to why the abscence of those documents prevent him from articulating his case against the defendant as required, The claimant believes the theft was arranged by the defendant or his accomplices but he cannot identify them.He wishes to keep this evidence in hand for a major case to proceed. The fact is that the police have not provided anyting to support that there was a genuine theft of the documents, They have blocked him and he does not expect any help. He wants a court order (to obtain them) because he knows who has got them. I simply have no means of knowing this. His claim is not with sufficient particularity. I do not grant him application for adjournment.
Sytories from the Diogenes Club are all very well as a hobby or pastime, but if ever I am to combine my librarianship skills with a retirees life I might have to face up to more sleuthing type work, provided it is understood this is only from published sources! I am no rubber soled nosey parker.
I believe I have removed myself (and Mr Stuart) from any danger of contempt of court proceedings because this was all submitted to the open court or the judge in the early absence of any court recording...(it became ‘lost’)...and my evidence has been published contemporaneously before now( and also become unpublished or at least unindexed).
A brief official record based on the Court officers notes and Mr Morton’s solicitor or Barrister does exist and should be consulted for completeness.
I have not included my copy from Mr Stuart here because it tends to detract from rather than add to my independent record ...in my opinion.
But I can make a copy available to anyone seeking ‘a check or charge of partisanship.
This is really to restore to the record these publicly available musings and especially also as they fit in with a possible investigative role for the Diogenes Club.
To be honest I think I will shrink away from this kind of thing in future, especially as I get older, but readers may wonder what motivates me and what has formed my character.
It is this. All of this, above.
I should perhaps add that there is no evidence that Mr ALR Morton has done anything wrong as far as I have been able to tell.
I did discover some anomalies but no-one seemed interested on this field of play.
I hope Mr Morton will see the humour in an amateur blundering about, as Mr Rupp, Munkel and Klawitter seem to have done in my other foray into investigative reporting,
Part 1, here:
Part 2, here,
Part 3, here,
and the necessary consequences of publication, here,
Don’t ask me why I investigate this stuff. It seems attracted to me, not I to it.
But I owe to Mr Stuart his day in court having some reportage, so that he at least might not feel that I might have been working for MI5 all along.
I cannot change the world. I can barely report it.
I hope this account will be allowed to stand, such as it is. A right of reply exists, as should be the case.
If you want some similar investigative work please bear in mind I have less stomach for a fight these days, and now hope I can tell the difference between a noble Kafkaesque cause such as this hopefully was and the risk of an error of a possible Quixotic adventure which this could always have been.
What have I learned from this?
Thank God this is England!
We usually manage to achieve a happy ending (for someone) at least.
I have read Kafka, there are dangers abrioad, But so far the damage has been contained.
A person, I have learned, will sacrifice everything for his reputation, even his health....and in the end that reputation can be destroyed through ill health. But the “man” persists.
Mr Stuart told me he knew he would never win his case, it is to his credit he tried nontheless, in so far as he believed and believes he was right to try.
I hope the state, his family and his connections who might have been disadvantaged in this battle continue to have broad shoulders to support the load he places upon them. I for one would be the less if I had not stood for a while by his side in a sea of troubles.
It is hard to know anything with any certainty. Harder to prove it. But we live in a Panopticon.
Someone will know. Mr Stuart got his money’s worth from me. I have his gratitude at least for that. Some stories tell more about us than we tell about them.
For no man is an island. Someone is, or should be, watching. That is the point of the Diogenes Club, and the idea of the Panopticon.
( See “Panopticon Security” on the web.)