Nouveau World Wines/Finbow fraud trial: jury is out

The jury in the Nouveau World Wines/Finbow Wines fraud trial (Southwark Crown Court) were sent out at 11am on Monday to consider their verdict. They deliberated through Monday and Tuesday. Today the jury is not sitting but will continue their discussions on Thursday.

Nouveau World Wines/Finbow Wines: Thursday 4th July

Closing speeches for Simon Dempsey and Rebecca McDonald

Simon Dempsey, one of the defendants in the Finbow trial, told the judge on Monday that he had decided to dispense with the services of his legal team. He was unhappy with the way that McDonogh, his counsel, was addressing the jury. Dempsey decided to represent himself

His Honor Judge Michael Grieve offered Dempsey the opportunity to have further legal advice and time to prepare his speech to the jury. The judge told the jury not to hold Dempsey's decision to represent himself against him.

Simon Dempsey's speech

Dempsey gave his speech from within the court facing the jury - not from the glassed in dock.

He started by explaining why he had dismissed hid defence team: McDonogh's tone in his speech to the jury was rude and discourteous. Dempsey described himself as old school - holding open doors for people etc. 

He was not involved in any scam at Finbow - there was no scam at the company when he left in October 2009. He met Daniel Snelling for the first time in January 2009. 

To be concluded

Rebecca McDonald

Steve Bailey, her counsel, told the jury that Rebecca McDonald had too much to lose for no gain if she had been involved in a conspiracy to defraud investors. She essentially provided secretarial services with information given to her by Danial Snelling on a 'need to know basis'. She received nothing in addition to her salary – no bonuses, no car, no cosmetic surgery etc.

To be concluded.  

The judge started his summing up in the afternoon. 

Nouveau World Wines/Finbow Wines: the charges

Defendants:

Simon Robert Dempsey

Rebecca Louise McDonald

Daniel Thomas Snelling

Dina Louise Snelling

The case before His Honour Judge Michael Grieve QC is in Court 8 at Southwark CrownCourt, London SE1. In the indictment there are four charges. The defendants have pleaded not guilty to the charges, which are:

Count 1: Conspiracy to defraud, contrary to common law

Particulars of offence:

Daniel Thomas Snelling, Dina Louise Snelling and Rebecca Louise McDonald, between the 1st day of January 2007 and the 30th of August 2009, conspired together and with Kelly Louise Humphreys and others to defraud such persons as could be persuaded to make transfers of funds to Nouveau World Wines Ltd for the purpose of investment in good quality wines on their behalf by dishonestly 

a) making false representations that the funds provided by the investors would be directed to the purchase of such wines as represented;

b) failing to direct the funds provided by the investors to the purcahse of wines as represented;

c) providing documentation to investors about their respective purchases which falsely represented the position, and 

d) diverting funds received from investors from the company bank account for their own purposes.

Count 2: Converting criminal property, contrary to Section 327 of the Proceeds of Crime Act 2002.

Particulars of offence:

Daniel Thomas Snelling and Simon Robert Dempsey between the 21st day of April 2009 and 21st day of May 2009 converted funds to the value of £35,000 which were transferred into bank account number *******  with the National Westminster Bank plc in the name of Simon Robert Dempsey from bank account *******  with the National Westminister Bank in the name of Daniel Thomas Snelling and which, as they knew or suspected constituted or represented Daniel Thomas Snelling's benefit from criminal conduct.

Count 3: Converting criminal property, contrary to Section 327 of the Proceeds of Crime Act 2002.

Particulars of offence:

Daniel Thomas Snelling between the 17th day of August 2009 and 2nd day of October 2009 together with Kelly Louise Humphreys converted funds to the value of £107,948 which were transferred from the bank account number ***-******-*** with the Hang Seng Bank Ltd in Hong Kong in the name of Daniel Thomas Snelling to the First Direct bank account number ******** in the name of Kelly Humphreys, and which, as they knew or suspected, constituted or represented Daniel Thomas Snelling's benefit from criminal conduct.

Count 4: Conspiracy to defraud, contrary to common law.

Particulars of offence:     

Daniel Thomas Snelling, Simon Robert Dempsey, Dina Louise Snelling and Rebecca Louise McDonald, between the 1st day of April 2009 and the 5th day of March 2010, conspired together and with Kelly Louise Humphreys, William Davies and others to defraud such persons as could be persuaded to make transfers of funds to Finbow Wines Ltd for the purpose of investment in wine in bulk for the purpose of shipment to countries where they could be sold for a large profit on behalf of the investors, by dishonestly 

a) making false representations that the funds provided would be directed to the purchase of wines for re-sale as represented;

b) failing to direct the funds provided by the investors to the purchase of wines as represented;

c) providing documentation to investors about their respective purchases which falsely represented the position, and 

d) diverting funds received from the investors from the company bank account for their own purposes.      

**

Proceedings in the case have been delayed – closing speeches have been made on behalf of Daniel and Dina Snelling. The court will sit again tomorrow morning and hear closing speeches for Simon Dempsey and Rebecca McDonald. His Honour Judge Michael Grieve will then sum up and give directions to the jury, before they retire to consider their verdict.