TRANSCRIPTS OF DEFENDANTS SUBMISSIONS

Document Sample
TRANSCRIPTS OF DEFENDANTS SUBMISSIONS Powered By Docstoc
					  TRANSCRIPTS OF DEFENDANT’S SUBMISSIONS

     Defence of original claim

     Witness Statement for Coroner’s officer

     Affidavit

     Witness Statement of 1st May 2003


DEFENCE      undated

“It is true that Mark Green on 13th February 1998 gave me Power
of Attorney over his affairs but not to deal with property sales in
which he dealt with solely. Mark invested monies into two
companies which have recently gone into receivership.

I personally have no monies which belong to Mark who I looked
after along with parents through his difficult time.

Mark had a very expencive habit which he needed medication to
help relieve the problem but unfortunetly he could not live without
the drink.

I dealt originally with Mrs Green and her solicitor but stopped
talking to her when I was accussed of his death, and subsequent
abuse at my home address.”




PAGE 1
WITNESS STATEMENT 21st March 2001

I am the above named person and I reside at the address stated overleaf.

I am currently the owner of several establishments in Weston-super-
Mare. This includes restaurants public houses, off licenses and flats, one
of them being the Neptune and Nook, 50 Knightstone Road, Weston
super Mare. Above this are 7 flats numbered 1 to 7.

A male by the name of Mark Alan Green rented flat number 1 which was
paid for by the council.

I met Mark Green about 3 ½ years ago in October 1997 when he was
living at 1 Teesdale Close, Weston super Mare.

At this time I was the owner of The Liquor Locker, an off license in West
Street. Shortly before I met Mark I was approached by Martin Roden, a
friend of Mark‟s who asked me if I could deliver a case 12 bottles of
vodka every other day to Mark‟s address. I agreed to this, but never once
when making the delivery did I meet Mark. The bill for the vodka was
always paid for by Martin.

One day when making a delivery to Mark‟s I discovered that his front
door was open and that there was glass missing from the interior door. I
then went into the property together with a man called Matt who was
helping me with my deliveries on that day.

On entering the premises I walked into the lounge area where I saw a
male sitting on the settee surrounded by empty bottles of alcohol and cans
of lager.

The house smelt vile. I could see that he had vomited on the floor and that
he had urinated within his clothing. He was conscious at the time but was
not at all with it. I then gave him one of the bottles of vodka which he
began to drink straight from the bottle. Concerned I snatched the bottle
away and he began to have what appeared to me to be a fit. He began to
bang his head against a table which was situated in the centre of the
lounge. I managed to stop him doing this while Matt telephoned for an
ambulance.


PAGE 2
The ambulance arrived and the male, who I know to be Mark Green was
taken to Weston General Hospital. I gave my name and contact number
to the paramedics and shortly after the hospital contacted me and I visited
Mark several times where we became acquainted with each other.

In December 1998 I received a telephone call from Mark saying that
people were in his house trying to kill him.

When I arrived at 1 Teesdale Close I found Mark sat outside in his
underpants. He told me that people were inside his house. I went into the
house but could find no one there. I went back to Mark who then told me
that there was a bomb in his underpants. On hearing this I realised that
Mark needed help and I decided to take him to Dr. Waring in Nithsdale
Road. Mark was then Sectioned and was taken to Juniper Ward at
Weston General Hospital. He stayed over Christmas and came out in
January 1999 Whilst he was in Juniper ward I visited regularly and as far
as I was concerned I was Mark‟s only visitor.

In January I moved him out of 1 Teesdale Close and into a flat I owned.
The address being Flat 1, 50a Knightstone Road Weston super Mare. I
did this so I could help Mark look after himself.

I contacted Mark‟s parents on several occasions and they stated that they
couldn‟t cope with Mark but they believed that Mark should be left to
look after himself. I did not agree with this and as Mark was a consenting
adult he continued to live at the flat.

A while after this I had a conversation with Mark‟s father about Mark‟s
welfare and his financial situation. His father stated that he wouldn‟t be
able to cope with this. Mark being well at this time seeked legal advice
about giving me full power of attorney over his welfare and financial
situation as his parents did not want to help. Shortly after this Mark went
to his solicitors and signed full power of attorney over to me.

Prior to meeting Mark, he had an accident involving a car where he was
awarded a large amount of money. The full amount I am not aware of.

I later found out that Mark had spent a lot of the money on alcohol and he
had given a large amount of money to an organisation. To begin with I
didn‟t allow him to handle any cash and together with Mark I bought
everything for him.



PAGE 3
After several months I began to trust him as he was now well again and I
began to give him money on a daily basis.

Throughout this time Mark was still drinking alcohol but I felt that I had
it under control although on some occasions Mark would drink too much
and become violent which would result in the police being called.

Whilst I had Mark‟s full power of attorney I have invested a large amount
of his money into several businesses and trusts.

On Tuesday 20th March 2001 I tried to telephone Mark on his mobile
phone but could not get no reply.

I then contacted an employee of mine at The Neptune and Nook and
asked if he could try and contact Mark. Phil then informed me that he
checked on Mark earlier, but he wasn‟t there.

Later in the evening I decided that I would check on Mark. I went to his
flat and found that the door had been secured by a security chain.
Knowing that something was wrong I kicked the door causing the frame
to break. I gained entry and looked immediately to my right and saw
Mark kneeling onto the bed in his bedroom.

I then walked up to him thinking that maybe he had had a fit. I touched
him on his forehead and it was then I realised that Mark was dead. David
who was with me and lives in Flat 2 tried to feel for a pulse but could not
find one. I then telephoned for an ambulance to attend.

I stayed with Mark until the ambulance arrived, followed shortly by the
police. I then left the premises and went to 12 Stanley Grove, the
address of Mark‟s parents.

Mark‟s mother refused to believe that Mark was dead, but his father
returned with me to Mark‟s flat leaving his wife with a neighbour.

I then remained at the flats until the private ambulance arrived and took
Mark away with them.


================                K. K.    7 pages




PAGE 4
AFFIDAVIT             (conventional typing)

“I Kerry Kimitri of 50 Manor Road, Weston s Mare acted on behalf
of Mark Alan Green when Power of Attorney was granted on the
13th February 1998.

I dealt with the day-to-day running of his finances until Mark was
able to take care of his own finances shortly afterwards. At not
time did I take money for my own personal gain or use my power
to incourage Mark to invest or give any of his money away.

He was a very strong willed individual when he was sober and
knew what he wanted (to be loved and trusted). He wanted to
become a director of Youngworth Trading Ltd which was formed in
1993, which owned nightclubs and bars in Weston. He wanted to
feel important and wanted by people around him. At the time I
believe he invested in excess of £45,000 into the company of
which I also was a director. (The company was very profitable.)

We had a fabulous time going places that he dreamed of working
in the business dealing with people and money. (He became very
competant and business like.) His appearance changed. He
washed daily. (He would not wash I met him because he was
scared too.) He only wore designer clothes.

He started drawing again the most amazing pictures. He was a joy
to be with. He became not just someone that needed help but a
important member of my family and working environment.

There were times when he would abuse his new found position
and money and I would try to curb his abuse but this would be
difficult if Mark wanted to do it his way (because Mark was a very
talented individual who had been surpressed in his youth and
would rebel against it.)

Mark had some very expensive habits, drink women and giving
money to the most obscure people..



PAGE 5
Several years later he met a mutual friend who was opening a
jewellers in a premises which we once owned. He wanted to
become partners and shortly afterwards invested over £35,000 in
shares.

Mark was having a lot of good days by this stage and enjoyed a
normal healthy life.

Mark dealt with all tranasactions regarding his bank and his
money. He wrote cheques and dealt with the sale of his property
after I contacted the agents to view the property. Mark at times
gave me and my family gifts and money but only because it made
him feel important.

I saw Mark every day were we would talk about general matters.
There would be times when Mark would be violant and
troublesome and I (?) would cause damage to property but that
was Mark’s way.

Before Mark passed away he was seeing a young lady who he had
known for years and was in the process of seeing a solicitor to tie
up his investments.

As I have explained previously Mark held all his paper work in a
blue folder, which I gave him to keep all his papers together.

The companies that Mark invested monies into have recently gone
into receivership and are being dealt with by the official receiver.

Youngworth Trading Ltd             £45,000
Kerber Investments                 £35,000

Signed

Kerry Kimitri                                        11 Dec 2002




PAGE 6
AFFIDAVIT              OCR – existing typing
“I KERRY KIMITRI OF 50 MANOR ROAD, WESTON S MARE ACTED ON BEHALF OF      MARK ALAN GREEN
WHEN POWER OF ATTORNEY WAS GRANTED ON THE    13™FEBRUARY1998.

I DEALT WITH THE DAY-TO-DAY RUNNING OF HIS FINANCES UNTIL MARK     WAS ABLE TO TAKE CARE OF
HIS OWN FINANCES SHORTLY AFTER WARDS.         AT NO TIME DID I TAKE ANY MONEY FOR MY OWN
PERSONAL GAIN OR USE     MY POWER TO INCOURAGE MARK TO INVEST OR GIVE ANY OF HIS MONEY
AWAY.

HE WAS A VERY STRONG WILLED INDIVIDUAL WHEN HE WAS SOBER AND KNEW WHAT HE WANTED (TO
BE LOVED AND TRUSTED) HE WANTED TO BECOME A DIRECTOR OF YOUNGWORTH TRADING LTD WHICH
WAS FORMED IN 1993, WHICH OWNED NIGHTCLUBS AND BARS IN WESTON.         HE WANTED TO FEEL
IMPORTANT AND WANTED BY PEOPLE AROUND HIM AT THE TIME I BELIEVE HE INVESTED IN EXCESS OF
£45,000 INTO THE COMPANY OF WHICH I ALSO WAS A DIRECTOR. (THE COMPANY WAS VERY PROFITABLE)

WE HAD A FABULOUS TIME GOING PLACES THAT HE DREAMED OF WORKING IN THE BUSINESS DEALING
WITH PEOPLE AND MONEY. (HE BECAME VERY COMPETANT       AND BUSINESS LIKE) HIS APPEARANCE
CHANGED HE WASHED DAILY (HE WOULD NOT      WASH I MET HIM BECAUSE HE WAS SCARED TOO) HE
ONLY WORE DESIGNER CLOTHES,
HE STARTED DRAWING AGAIN THE MOST AMAZING PICTURES HE WAS A JOY TO BE WITH.
HE BECAME NOT JUST SOMEONE THAT NEEDED HELP BUT A IMPORTANT MEMBER OF MY FAMILY AND
WORKING ENVIROMENT.
THERE WERE TIMES WHEN HE WOULD ABUSE HIS NEW FOUND POSITION AND MONEY AND I WOULD TRY
TO CURB HIS ABUSE BUT THIS WOULD BE DIFFICULT IF MARK   WANTED TO DO IT HIS WAY (BECAUSE
MARK WAS A VERY TALENTED INDIVIUAL     WHO HAD BEEN SURPRESSED IN HIS YOUTH AND WOULD
REBEL AGAINST IT)

MARK HAD SOME VERY EXPENSIVE HABITS, DRINK WOMEN AND GIVING MONEY TO      THE MOST OBSCURE
PEOPLE.

SEVERAL YEARS LATER HE MET MUTUAL FRIEND WHO WAS OPENING A JEWELLERS      IN A PREMISES
WHICH WE ONCE OWNED. HE WANTED TO BECOME PARTNERS AND SHORTLY AFTERWARDS INVESTED
OVER £35,000 IN SHARES.
MARK WAS HAVING A LOT OF GOOD DAYS BY THIS STAGE AND ENJOYED A NORMAL HEATHY LIFE.

MARKDEALT WITH ALL TRANASACTIONS REGARDING HIS BANK AND HIS MONEY HE WROTE CHEQUES
AND DEALT WITH THE SALE OF HIS PROPERTY AFTER I CONTACTED THE AGENTS TO VIEW THE PROPERTY.
MARK AT TIMES GAVE ME AND MY FAMILY GIFTS AND MONEY BUT ONLY BECAUSE IT MADE HIM FEEL
IMPORTANT.

I SAW MARK EVERYDAY WERE WE WOULD TALK ABOUT GENERAL MATTERS. THERE WOULD BE TIMES
WHEN MARK WOULD BE VIOLANT AND TROUBLESOME AND I WOULD CAUSE DAMAGE TO PROPERTY BUT
THIS WAS MARKS WAY.

BEFORE MARK PASSED AWAY HE WAS SEEING A YOUNG LADY WHO HE HAD KNOWN          FOR YEARS AND
WAS IN THE PROCESS OF SEEING A SOLICITOR TO TIE UP HIS INVESTMENTS.

AS I HAVE EXPLAINED PREVIOSLY MARK HELD ALL HIS PAPERWORK IN A BLUE   FOLDER, WHICH .I GAVE
HIM TO KEEP ALL HIS PAPERS TOGETHER.

THE COMPANIES THAT MARK INVESTED MONIES INTO HAVE RECENTLY GONE       INTO RECEIVERSHIP AND
ARE BEING DEALT BY THE OFFICIAL RECEIVER.

YOUNGWORTH TRADING LTD         £45 000
KERBER INVESTMENTS             £35,000”

SIGNED


KERRY KIMITRI                                                          11 DEC 2002


PAGE 7
WITNESS STATEMENT of 1st MAY 2003




I, KERRY KIMITRI of 50 Manor Road, Weston Super Mare, born
on the 1st of May 1963 will say as follows:-


1.    I confirm that from 1998 until the time of his death I developed a close
     friendship with the Claimant‟s son, Mr Mark Green. Mark was a severe
     alcoholic and was in an extremely bad state when we first met. For various
     reasons he had lost contact with his parents. On one occasion when I had taken
     him to hospital I was actually contacted by staff when it was time for him to be
     discharged even though at that time we were mere acquaintances.
2.   During our friendship I helped Mark gain control over his life, I welcomed him
     into both my family and social life and although Mark could be violent and
     unpredictable at times he was also a very talented and caring individual.
3.   In February of 1998 Mark told me that he had arranged for me to have
     enduring power of attorney over some of his affairs. I know that he was
     worried that should he ever go back into hospital there would be no one to act
     on his behalf. Mark had never mentioned the prospect of obtaining an
     enduring power of attorney before this and at no point did I attend a Solicitors
     to discuss the arrangements of one. At no time did I sign the enduring power
     of attorney. I was given a copy of the document which is dated 13th February
     1998. At the time I believed that this was a valid legal document even though I
     had not signed it and agreed to help Mark in this way.
4.   The only „power‟ that I had over Marks affairs from February 1998 onwards
     was to enter into negotiations regarding the payment of incapacity and housing
     benefit on Marks behalf. I acted as a friend in assisting Mark with some
     medical arrangements in that arranged visits to my local GP and when
     necessary to hospital.
5.   Mark also made arrangements for me to become a second signatory on his
     credit card. I now understand that it could be argued that in relation to this
     matter I was acting as an agent to the principle. Mark would often suggest
     weekends away which I would organise and book on his card. If we had been
     out for the day in my car and stopped for petrol Mark would often insist that he
     pay and I would use this card. At no time did I abuse this or pay for things
     without Mark‟s knowledge and approval. I have been asked to account for all
     transactions detailed on the schedule attached to the Court Order dated 10
     March 2003. The Court has previously received a summary which accounts for
     all bar three of the transactions. For the Court‟s convenience I have attached a
     full summary accounting for all transactions detailed on the schedule. In
     respect of who signed for each individual transaction, I am afraid that I simply
     can not remember.
6.   I encouraged Mark to get on top of his financial and personal affairs by setting
     up a blue folder. This was used to file all important documents including bank
     statements and bills etc
PAGE 8
7.    At no time was I able to draw cheques on Mark‟s behalf or in fact have any
      involvement in his bank account. On one occasion Mark wanted the Abbey
      National to discuss his banking details with me present and they refused. I was
      confused as to why this was and even wrote to them including a copy of the
      enduring power of attorney but they still maintained that they would not deal
      with me on Mark‟s behalf. I know understand that this is because the enduring
      power of attorney was invalid without my signature. As such I was unable to
      draw any cheques, and so certainly had no authorisation to pay off his credit
      card bill.
8.    During our friendship Mark came and stayed in my family home and then
      rented a flat above my family‟s bar and restaurant, The Nook and Harbour. His
      bungalow was initially rented out and then sold. Apart from the initial
      appointment with the estate agent Mark dealt with the whole of this sale
      transaction
9.    Mark received both incapacity and housing benefit which were initially both
      paid directly into his bank account. Due to a change in council procedure later
      the housing benefit was paid by giro cheque directly to myself as landlord of
      the flat Mark stayed in. I received £216 a month.

10.   Out of convenience only Mark arranged that all bank and credit card statements
      were sent to my home address. I would give these to Mark who would file
      them into the blue folder. He kept this folder at my property until a few
      months before his death when he took it away to look over his finances. I had
      no other involvement in his post other than to pass it to Mark.
11.   In 1999 Mark decide to use some of the money from the sale of his bungalow
      to invest in a company Kerber Investments Limited. This was solely Mark‟s
      decision and at no time did I encourage him to make this investment. I have no
      involvement with Kerber Investments Limited. Mark also wanted to become a
      director of a company, it was a status thing and he loved being involved in
      business decisions. I was director and company secretary of Youngworth
      Trading Limited and a decision was reached within the company to appoint
      Mark as Director. In return Mark invested £45,000 by way of a Director‟s
      loan. This was formally arranged by a director‟s loan agreement drawn up by
      our book keeper Pauline Baker. The purpose of this loan was to enable the
      company to purchase a flat but for a number of reasons this sale fell through.
      At the time of Marks investment in Youngworth Trading Limited the company
      was profitable. Subsequently both companies have gone into receivership and
      Mark along with all other investors lost his money.
12.   During our friendship Mark gave myself and my family various gifts and
      likewise I did to him. Mark was a very generous man he wanted the lifestyle
      that myself and my brothers shared and we involved him in all aspects. He had
      very expensive tastes, he loved designer clothes and spent large amounts of
      money on women and obviously alcohol. There were a number of cheques
      written to myself from Mark‟s account, these were written by Mark some to
      pay for specific gifts and some were repayments towards clothes, jewellery etc
      that I had bought for him. At one stage I would just get two of anything that I
      was buying and Mark would sometimes pay me something towards it. I did
      not keep any real record or accounts of the things that I bought for him or that
      he bought for me as they were all given and received in friendship.


PAGE 9
13.   I have tried to comply with the orders that the court has given, but have been
      unable to obtain all the information required. As I have stated the bank has
      always refused to deal with me as I now understand because the enduring
      power of attorney was never fully executed. The only involvement I had in
      Mark‟s account was to receive his statements, I did not go through these in
      anyway and passed them to Mark.                I have been unable to chase the
      whereabouts of the folder in which Mark filed his papers.
14.   I would also like to confirm that since Mark‟s death both myself, family and
      friends have been subjected to harassment from the Claimant. She has been
      both physically and verbally abusive and has been in contact with the local
      press on a number of occasions. This has been a huge strain on my family and
      I have felt quite persecuted by her actions.
15.   I believe the facts stated in this witness statement are true.




PAGE 10

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:7
posted:7/15/2010
language:English
pages:10