STATEMENT OF MARTIN
RHODEN Martin’s statement adds very little to the
It merely restates the position for Mark
I MARTIN THOMAS RHODEN of Flat 1, 17 being a worthless drunk who poured his
Upper Church Road, Weston Super Mare, money down the drain.
BS23 2DX, born on the 7th February 1964 Some of it went that way – and many of his
will say as follows:- friends benefited.
The issue here is Mr Kimitri’s influence
over Mark and his control of his money.
1. I confirm that I currently work for Mrs Your earlier statement addresses that
better than this one.
Tracey Kimitri in Corinium Designer
Jewellery as a sales assistant/manager, a
position that I have held for the past two
years. I have known the Kimitri family for
the past ten years.
2. Mark Green was one of the first friends
that I made in Weston when I moved here
from Manchester roughly ten years ago. We
met while staying in the Richmond very
close friends and then partners. The
Richmond Hotel had very strict rules
regarding no drink and drugs on the
premises at any time. Mark would often be
caught drinking alcohol and in the end we
were asked to leave.
3. We moved into a bed and breakfast in
Weston and shared a room there for roughly
two to three months. Mark had mentioned
that he had come into money through an
accident in which he had injured his leg and
on one occasion showed me that he had £ 1
0,000 in his Abbey National passbook.
During the summer he purchased a
bungalow at Teesdale Close and I moved in
4. The problem with Mark and money, was
the more he had the more he spent on
alcohol. The more he drank, the more
demanding he became. I spent all my time
looking after him, cooking, cleaning, and
getting him more alcohol to satisfy his
demands. In the end I was finding it hard to
cope with and about three months after
moving in to the bungalow I moved out. We
split up soon after that and I pretty much
lost contact with Mark.
5. During l998 I received a telephone call
from Mark out of the blue. I can not
remember the exact date, but it was carnival
night in Weston and the whole of the town
was packed with people. Mark said that he'd
had a fit and needed help. Mark suffered
from "epilepsy" but I often felt that he would
bring these fits on himself as a form of
attention seeking. Mark said that he was
desperate, he had no alcohol in the house
and he begged me to get some for him. I
tried to persuade him that he would be
alright, going across town in the middle of
the carnival would take hours, but he
What are you trying to prove, Martin?
insisted I got a taxi straight away. The taxi
cost £24 due to the traffic, a journey that
would normally only be around £3. When I
got to the bungalow Mark was in a terrible
state. He gave me his cash card and pin
number and begged me to get him vodka,
which I did.
6. The next day he phoned again wanting me
to get another taxi and do the same
Well that made a profit anyway!
thing. This went on for a while but I was
reluctant to get involved with Mark again
If only you had known what you were
after my previous experience of his drinking doing.
problem. I used to get the vodka from an off
licence called The Liquor Locker, a shop
owned and run by Kerry Kimitri.
7. I arranged with Kerry that he would take
over and liaise with the taxi drivers to
That’s true – and that’s why he fell victim
deliver Marks supply of vodka. Once Mark to those who exploited him.
had this connection with the off licence
himself he stopped phoning and I didn't
really see much of him after that.
8. Mark had no concept of controlling or
spending money sensibly. The work surfaces
in his bungalow would often be strewn with
£20 notes and on one occasion he gave the
gardener £400 for chopping down a few
small branches from the tree in the garden.
He was notorious for leaving stupidly large
tips when drinking or catching taxi's.
9. I believe the facts stated in this witness
statement are true.
This statement again – restates the position
for an alcoholic with seemingly endless
supplies of money..
STATEMENT OF PHILIP POWELL
I PHILIP POWELL of Flat I, 50A Knightstone Road,
Weston Super Mare BS23 2BE, born on the 1st May Oh – it’s still going is it? We thought the
1958 will say as follows:- Company had gone into liquidation.
Clever thing liquidation.
I. I confirm that I work for Mr Chris Kimitri
in the bar, restaurant and club of the Nook
2. I first met Mark Green during 1997 as a
regular customer in the bar and club. In
1998 he moved into one of the flats above
the Nook and Harbour and I began to have THERE ARE NO ATM RECORDS ON THE
contact with Mark almost on a daily basis. STATEMENTS WE HAVE.
3. Mark always had plenty of cash on him
and spent large quantities of it on alcohol. If
he ran out of money during the day he
would go down the road to the cash point We know that the Credit Card used by K
but would soon be back to the bar. Kimitri shows thousands being paid to
Nook and Harbour – very convenient cash
4. If you ever asked Mark about money he
would shove his cash card into your face and
say that it was his money and he would
spend it how he liked. Mark had a rolling
account at the Nook and Harbour and at one
stage his tab was for hundreds of pounds A little excessive possibly?
going over four pages
5. Mark did everything to excess and he
would demand and pay for large quantities
food and drink, sometimes eating three It adds nothing except am insight into
dinners in one day. In my opinion I would
say that Mark smoked in excess of 100
cigarettes a day.
6. I believe the facts stated in this witness
Mr Gallagher’s statement sounds plausible.
statement are true. It certainly deals with the Kerber
STATEMENT OF BERNARD JOHN GALLAGHER
I BERNARD JOHN GALLAGHER of Rocklands
House, 80 Kewstoke Road, Kewstoke,
Weston Super Mare, born on the 30th
We still think that K is involved because of
December 1962 will say as follows:- what has happened to it since.
1. I confirm that I am currently a company
director. In 1999 I started a company with We assume you kept better books than Mr
Kimitri – do you have the Loan Agreement
We want it.
Mr Alan Corbett known as Kerber
Investments Limited. I was a Director of this
company. The business traded as Midas Fine
Jewellers and was run from premises at 18 Do you often bump into people who
West Street Weston Super Mare, a property subsequently invest £35 000 in your
leased from BS Pubs Limited. venture in the Nook and Harbour?
Sounds like a good place for entrepreneurs
to go – but of course I forgot your business
2. I got to know Mark Green through failed …
socialising at the Nook and Harbour. I
regularly WOW - £35,000 – just like that!
of the locals. At no time was I ever formally
introduced to Mark, he was just someone
who I would have a drink and a chat with.
LOAN AGREEMENT PLEASE
3. During one conversation the subject of
investing in my jewellery business came up.
I can not remember the exact date. It was
not a formal meeting just something that
came up at the time. Mark expressed a
serious interest in becoming an investor and
it was agreed that he would invest £35,000.
Initially Mark was enthusiastic and took an and…. his wife runs it now through faithful
interest in the business but he quickly lost Martin…
this interest and never really bothered that K bought up the stock Mrs K runs it…
much with it.
only “knew” him?
4. The decision to invest in Kerber
Investments Limited was taken solely by
Mark himself. I confirm that Kerry Kimitri I actually feel sorry for you.
was not at any time involved in the pub-rags to pub-riches and all in a few
negotiations of Mark's investment. The only months…
connection that Kerry Kimitri had with my
business dealings was to have an interest in
BS Pubs Limited from whom we leased our
property and as a result knew the landlord
of my shop premises.
5. Unfortunately the business did not prove
as profitable as I had hoped and went into
liquidation. Mark along with both myself
and Mr Corbett lost his investment.
6. I believe the facts stated in this witness
statement are true.
Then WHY DID YOU USE THE POA?
We don’t believe you.
STATEMENT OF KERRY KIMITRI You mentioned this before as the purpose
of the loan – it doesn’t make sense.
WHY didn’t it transpire? Kerry.
I KERRY KIMITRI of 50 Manor Road, Weston
Super Mare, born on the 1st May 1963 will
say as follows:-
You just let it all happen in the famous
1. I confirm that apart from the initial investment society – the Nook and
contact with the solicitors and estate agent I Harbour…
was not involved in the transaction for the
sale of Mark's bungalow. As far as I am Not even a little bit?
aware Mark received the proceeds of sale in
his bank account. I did not actively
encourage or discourage Mark from selling
his property. I believe that Mark intended to You can’t avoid that.
purchase a flat but this never transpired.
2. As previously stated Mark decided to
invest some of his money in Kerber The balance of probability suggests that
Investments Limited. This was solely Mark's you put money and business together.
decision. I did not introduce Mark to the
director's of Kerber, nor did I arrange any
kind of business meeting for potential
investments to be discussed. At no time did I It beggars belief! All that money and you
participate in the negotiations or didn’t even suggest it to him?
conversations surrounding Mark's
How do you measure success at that time
With bogus cheques for £25000 going
through your books…
3. I confirm that I know Mr Bernard
Gallagher who is a director of Kerber
Investments. I have an interest in BS Pubs So what has happened to the Loan
Limited a company that owns commercial Agreement you mentioned in your last
properties. I was approached by Mr witness statement?
Gallagher during the initial stages of setting We understood that one.
up the business to discuss leasing one of the
properties that BS Pubs Limited owns.
4. I have previously stated Mark wanted to
invest in businesses and become a director i.e. Chris and you
as for him it was a way of feeling important,
a status thing, it showed that he was
successful. I did not force Mark or actively too busy to grant what you say was his sole
encourage him to invest in Youngworth request for joining the company?
Trading. At the time of Mark's investment
the business was doing very well, it was a
a lot of things got pushed to one side didn’t
profitable company. It was arranged that he they?
would invest £45,000 and there were
discussions about Mark being appointed as a
director. His investment was reflected in the
business accounts, year ending 31st May
Why? Wasn’t he happy with the company
1998 as a creditor under the heading "Loan doing so well?
Account N. Green". This is a typographical
You have to explain WHY Mark who had so
error and should of course show as M. willingly invested – as you say at his own
Green. volition – would turn round and threaten
resignation. Your arguments are on record –
especially the ones that got Mark into the
5. After Mark had invested the company cells.
made a formal decision to appoint Mark as a
director. This was done on 1st May 1999. HOW DID YOU KNOW THEN?
The completed Form 288a was not signed HOW CAN SUCH A RESIGNATION HAPPEN?
until 22nd October 1999, this delay caused
If that is the case then how is it he resigned??
by trying to pin Mark down to sign the form.
There was always something else going on
YOU HAD THEM FROM US AS HIS
and it got pushed to one side. In the 1999 EXECUTOR!!
business accounts Mark's loan is included in
WHY DIDN’T YOU NOTIFY US?
6. Over the years, and particularly if he had
been on a binge, Mark would sometimes They don’t have any, Kerry – because you
.shout about how he was going to resign as a suppressed them.
director but he never did. As I have stated
Mark could be violent and unpredictable at
times and this was just another thing that he Are Liquidators that clueless?
would shout about. However Mark did You are hiding something here
decide that he would cease to act as a you poor man – my heart bleeds for you
director as from 1st January 2001 and this
was implemented. At no time did we receive They should sue you for breach of trust.
a formal letter of resignation from Mark or
any letters after Mark's resignation
regarding reclaiming his investment.
7. When it became clear the Youngworth I m not sure what you mean to say here –
are you blaming the Inland Revenue for the
Trading would have to go into liquidation, absence of accounts?
DNA Worldwide Limited were appointed as
agents of the liquidators, Langley and Now that’s clever
Partners. Langley and Partners took all the
accounts that we had to date and compiled
the list of creditors that was presented to me Oh – so we should rather believe a
at the receivership meeting. I do not know statement made in a solicitors office rather
why Mark did not appear on the list of than one made under caution to a police
creditors, but believe that it was due to his
investment being included as part of the You would have been asked to read the
statement very carefully and sign it on each
"Directors Loans postponed" figure rather page.
than individually naming him in the
accounts. As a result of Youngworth Trading We are not disposed to believe you – given
the way you have hidden Mark’s affairs
going into liquidation all investors including from us we are convinced your denial is the
my parents and other family members statement of a desperate man impaled on a
hook of his own making.
together with Mark lost significant amounts
8. I confirm that the last set of accounts to be
finalised by Youngworth Trading are for the Well I don’t
year ending 31st May 1999. No further
accounts can be finalised until the ongoing
investigation by the Inland Revenue is
9. On 21s1 March 2001 I made a statement
to the Police. I am quoted as saying that
under the Power of Attorney I invested large
amounts of Mark's money into several
businesses and trusts. This is not an
accurate description of what I was saying at
the time. I had mentioned the money that
This statement adds nothing to what we
Mark invested in Youngworth Trading and already submitted in the Jerram File
that I had introduced Mark into the social
side of the business world in Weston. I did apart from the fact that it states
unambiguously that the Defendant signed
not at any time make investments or and had his signature witnessed by Mr
decisions regarding potential investments Navarra.
on Mark Green's behalf.
1 O. I believe the facts stated in this witness
statement are true.
STATEMENT OF KENNETH IAN
1. I have been a qualified solicitor for 38
years. I am currently senior partner of
Alletsons Solicitors a position that 1 have
held for 20 years.
2. I confirm that in 1998 I prepared an
Enduring Power of Attorney for my client
Mark Green, a document appointing Mr
Kerry Kimitri as attorney.
3. On 13th February 1998 Mark Green
attended my office where the document was
signed and witnessed by myself. Kerry
Kimitri did not attend but signed and had his
signature witnessed a few days later by a Mr
4. I have no reason to doubt the person
attending and signing as Mr Mark Green was
Mark himself. At the time I prepared the
document I believed that Mark Green had
the sufficient mental capacity to appoint an
enduring power of attorney to Kerry
5. I believe the facts stated in this witness
statement are true.