Defendants:
Simon Robert Dempsey
Rebecca Louise McDonald
Daniel Thomas Snelling
Dina Louise Snelling
The case, before His Honour Judge Michael Grieve QC in Court 8 at Southwark Crown Court, is likely to conclude
in some time in the first part of July. Evidence will probably finish this week
or early of next. Speeches and judge's summing up will take up next week with the jury likely to
retire in the first week in July to consider their verdict.
Tuesday AM
Simon Dempsey gave the first
part of his evidence yesterday by answering questions from his defence counsel
as well as Julian Christopher QC,
prosecuting for the Crown, starting his cross-examination. I wasn't present for
this part.
After a late start for the court, cross-examination
of Simon Dempsey continued through the morning and into the afternoon.
On the advice from his
solicitor Dempsey made no comment to the two police officers when he was
arrested and questioned at Limehouse on 4th March 2010. He was asked a series of questions – what he knew
about Finbow, who was running the company and who owns it, who had control over
the bank account etc.
The cross-examination was
largely devoted to going through in detail various subsequent accounts given by Dempsey –
in evidence to the court, a statement that Dempsey gave to the Insolvency
Service (25.2.11), when he was interviewed by a Mr Stone, and his defence statement (25.10.12) that
has to be prepared for this trial. Unlike when questioned by the
police, the Insolvency Act requires that questions are answered. Furthermore the Perjury
Act applies, so false answers could lead to a prosecution for perjury.
Before turning to his statement made to the Insolvency Service, Christopher asked Dempsey about
how he came to be involved in Finbow and how he came to leave the company. Dempsey said
that he had a series of meetings at Café Rouge (Bromley) with Daniel and Dina
Snelling in the early part of 2009.
At this time Dempsey was
unemployed as his building business had collapsed due to the economic downturn.
He was declared bankrupt on 29th January 2007 and exited bankruptcy
on 29th January 2008.
Dempsey explained that it was
agreed that he would become a director of Finbow to assist with the general
setting up of the company. In negotiation with Daniel Snelling he arranged to
take a loan of £25,000 in the first instance, which was subsequently increased
to £35,000. Romance with Dina Snelling blossomed in the bar of Café Rouge and
he saw her most days.
Questioning then turned to
how Dempsey left Finbow. He described a meeting on 9th October 2009 with Billy Davies in the square
at the centre of Canary Wharf where he was given a ultimatum to leave the company with a payment of £25,000
and a subsequent payment of £60,000 – a year’s salary as a golden handshake. Dempsey
said that the £25,000 was for wages that he had not received. Dempsey said that
his decision to accept was made in “a matter of seconds”. It was – “take it or leave it”
– he took it. He and Davies went to a bank with the Finbow bank card and drew
out the £25,000 with the Finbow bank card that Davies had brought to the
meeting. Dempsey said that Davies then took the bankcard back to the Finbow
office.
Dempsey said that this was effectively
the end of his involvement in Finbow. In subsequent evidence Dempsey agreed
that he had been involved in subsequent payments and bank transfers. This
included a transfer to Hong Kong of £10,000 on 30th October
2009. Dempsey was in Highgate when he
was phoned by Rebecca McDonald, who asked him to make the transfer as she
wasn’t able to leave the office. At that time Dina Snelling was in hospital.
The company bank card was in the office. Snelling said he always carried photo
ID with him – his driving licence. The transfer was arranged. Dempsey said he wanted to ensure “the smooth
running of the business”. He was also invited to rejoin the business in early
2010 when Paul Rees, the director who succeeded Dempsey, decided to leave.
In Dempsey’s statement to the
Insolvency Service (25.2.2011) he said that he was already in a relationship
with Dina Snelling when “I was out in as a director of Finbow to learn the
business”. A builder by trade Dempsey had no experience in wine. Although
Finbow wasn’t a full time job, Dempsey said he visited the offices almost every
day. He paid invoices and arranged the shipping. In his statement Dempsey
said that, “he wasn’t keen on the man who had started the trading”.
Dempsey did not have his own
office at Finbow. He used a spare, empty desk in Daniel Snelling’s office.
Billy Davies also had a desk here for part of the time that Dempsey was
involved in Finbow.
Asked why there is no mention
of Billy Davies in his statement to the Insolvency Service, Dempsey said that at
the time he considered Billy Davies to be “an insignificant party to the
business” and “wasn’t aware how much Billy Davies had his feet under the
table”.
PM
Dempsey was asked questions
about his defence statement (25.10.12). In it he explained that ‘he was a
married man with a daughter. He had fallen in love with Dina Snelling and that
he had volunteered to become involved to cement relationship with Dina'.
Christopher pointed out that there appeared to be a discrepancy in the accounts
of how he became involved as a director in Finbow and whether or not his
relationship with Dina preceded his involvement in the company.
The defence statement stated
that Dempsey ‘had no office at Finbow' and was ‘an infrequent’ visitor to its
offices'. Christopher pointed out to Dempsey that he had told the court that he
was in the offices everyday (or nearly every day). Dempsey replied that he was
saying that he was not full time but that he was in the offices “almost every
day”. Dempsey said that his statement was “open to interpretation”.
The statement also said that
he was responsible for “the organisation of wine shipments through ACE Freight
Ltd”. Questioned on this, Dempsey said that he had effected the introduction of
Edward and Deborah Merriman, directors of the freight company who were personal
friends of his. Asked whether his statement suggested a greater involvement
than an introduction, Dempsey said it was a question of “how it was
interpreted".
Dempsey’s defence statement
said he negotiated a parting payment with Daniel Snelling to buy himself out of
the company. There is no mention of Billy Davies in this statement.
In a letter (1.2.2010)
concerning the £10,000 seized on 26.11.2009 as part of an investigation into
the ‘proceeds of crime’, Dempsey wrote that he ‘decided to sell interest back
to Finbow. Following discussion a payment of £60,000 was agreed”. Christopher
reminded Dempsey that he had told the court of his meeting with Billy Davies (9.10.09) regarding the ultimatum
offer that he had “weighed it up in a matter of seconds”.
Dempsey was asked about an
envelope found at his flat when the police searched it on 4th March
2010. On the back of the envelope were a series of handwritten transactions
from Finbow’s bank account. All except the first transaction listed are from
after Dempsey’s departure from Finbow. The writing is Dempsey’s but he could not remember why it was complied. He could recall some but not all of the
transactions listed. Some of the transactions were Royal Exchange (full title – Royal Exchange Investments Ltd), a company involving
Billy Davies. Dempsey said that he did not know the level of Davies’ involvement
at the time.
Dempsey was asked about the use of false names by Dina Snelling: Lucy Jones during Nouveau World Wines and Harriet Harbridge during Finbow. Dempsey: "Not odd – she was in sales" adding it was "not a big issue". Christopher remarked that Dina Snelling was not in sales. She worked in the back office.
Christopher concluded his
cross-examination by suggesting that Dempsey was the “official frontman for
Finbow hiding the involvement of Daniel Snelling”. “This is what your role was
– the name on the company notepaper.” Dempsey strongly denied this – “Not at
all.” He had no suspicion that the proceeds could have come from crime.
Dempsey agreed that he had
full access to the bank accounts. Christopher said that he could have seen that
only three containers of wine were bought by Finbow – two going to Hong Kong
and one to Nigeria. That all three containers had been paid for in September
2009, that no evidence exists of any wine bought subsequently and that from
September 2009 “money from investors was coming in thick and fast".
In conclusion Matthew Mcdonagh ,
Dempsey’s defence counsel, asked him some questions about the logistics of
how the statement to the Insolvency Service was made – Mr Stone took notes. There was no tape recording of the two hour interview.
Dina Snelling will be giving evidence today.
The investigation into the two companies was carried out by the Metropolitan Police. The defendants have pleaded not guilty to the charges.