Chapter 50
With everyone assembled in court the following morning at ten o’clock, Riordan put Ashby straight into the witness box and began his assault on the citadel.
The court room was filled with more than fifty people including business journalists from the insurance press and the major broadsheets. By now everyone had settled into the daily routine of going to the court rather than their office and the mass of papers and files spread over the bar tables had grown in disorder. Ransome was particularly untidy as he always left everything to the clerks in his chambers to clean up after him.
In the witness box, Ashby found the experience of being displayed to the multitude, confronting. His head was almost at the same height as the judge’s and together they looked down on the assembled lawyers, clerks, clients, journalists and people who had wandered in off the street for a day’s entertainment at no cost. There was one old lady who arrived every day with a packet of sandwiches and a thermos flask.
Riordan had alerted Ashby before he took the stand that, depending on what mood the judge was in, the mere mention of fraud might bring the hearing to a sudden end.
“We’ll just have to take that risk,” said Ashby. “After all, what have we to lose – he’s going to award them their claim anyway. But I would like the truth to be known, whatever happens.”
With this in mind, Riordan began his examination.
“Mr Ashby, did you visit Athens recently.”
“Yes, I was there last Friday and returned to London on Sunday.”
“And why did you go there ?”
Garrick stood up and said “My Lord, is this relevant to what we’ve been considering during the past few days ?”
Riordan said “If the court will bear with me, I hope to demonstrate that it is. Mr Ashby ? Why did you travel to Athens ?”
“I wanted to find out anything I could about the Captain Stratos.”
“Did you speak to anyone about it while you were there ?”
“I went to the port of Piraeus and spoke to the second mate of the Aegean Star, a ship which sank off Cyprus in 1979. It was commanded by Captain Constantinos Christoforou who was also the master of the Captain Stratos three years ago.”
By this time, Garrick was on his feet again. “My Lord, really....”
“And what did he tell you ?”
“He told me that Christoforou had scuttled the Aegean Star in collusion with its owners, Hermes Transnational Shipping. Later the same day, I also met a man whom I strongly believe to have been Captain Christoforou himself.”
At the mention of the Aegean Star being scuttled, one of the journalists left the courtroom to ring his newsroom and ask them to find out anything they could about Hermes Transnational.
At this stage, although Garrick was inquisitive to hear what Ashby had to say, he persisted in asking the judge to intervene. “My lord, where is this getting us ? We appear to be back on the well-worn allegation of fraud again which has nothing to do with the issues raised in the case.”
“Why do you believe that the man you saw in Athens was Captain Christoforou, Mr Ashby ?” asked the judge.
“I saw a picture of him, several days before I left London. The man who spoke to me at my hotel had a very close resemblance to the man in the picture. He gave his name as Kyriacou and said that he was employed by Hellas Global. Mr Elefthriou has denied knowing or employing anyone of that name. Kyriacou knew all about the sinking of the Captain Stratos, the claim against Plantation, that my company hadn’t paid the claim during the past three years and that the hearing was to take place this week. He knew all about that. And he was very insistent that we pay the claim – in fact, he threatened me. And if it wasn’t Christoforou, then how did this man who called himself Kyriacou know all about the Captain Stratos, Hellas Global, the claim and everything else ?”
“My Lord, this could’ve been anyone at all, a professional criminal. No doubt there are many people in Athens who are aware of Hellas Global’s long-outstanding claim against Plantation. In any event, this is all completely irrelevant to the issues in the case which have been rehearsed during the past three years,” said Garrick.
At that stage, Ransome prodded Garrick to sit down and shot into action. “My Lord, this is absolutely preposterous. The Defendants continue using this insufferable and utterly pathetic tactic of drawing attention away from the main areas of the case with the allusion to fraud – and nothing more. Where is your proof, Mr Ashby ? Where is there any evidence at all of the Captain being alive ? I really wonder that you have the gall to stand there before us, Mr Ashby and expect us to believe this rubbish.”
“I have to say I agree,” said Hedley.
Riordan made one last attempt. “My Lord, could we not hear Mr Ashby’s description of events which...”
“No, Mr Riordan. Enough time has already been spent on the subject of fraud – which you’ve raised at the last moment, without any explanation in Plantation’s written defence or your Opening Submissions or any factual basis or any proof. Fraud has high evidential standards, for those making the allegation – it carries a high standard of proof and is very difficult to argue, even at the best of times. You know that. Whilst I do understand your client’s position, suspicions are not enough and a very long period of time has passed when an investigation of fraud could have been carried out years ago. Therefore, please step down Mr Ashby. I will give my judgment in this case at ten o’clock tomorrow morning.” And Hedley left the court room, wondering whether the off-licence in his village would stock a Chateau Neuf du Papes, otherwise, his wife’s dinner party would be a tame affair indeed.
Plantation A Legal Thriller Page 50
