Ref: A00-300995 Case No. 871626 Macpherson II
Volume II, Pages 61-76, Friday 9th June, 1989
(In the presence of the jury)
Detective Superintendent ALEC EDWARDS: Sworn
Examined by Mr. Temple
Q. Document 492. Superintendent, before I come to ask you about
the examination during the course of proceedings in this case
at Horseferry Road Magistrates' Court which gives rise to the
document at page 492 of the jury's bundle, I want you to
cover some preliminary matters which took place during the
course of 14th/15th May 1987, shortly after the defendant's
arrest. A. I understand.
Q. Before we go into these matters, are you the senior officer
in overall charge of police enquiries into this case? A. I
am.
Q. At the time were you attached to the Anti Terrorist Branch?
A. Yes.
Q. I am going to summarise very briefly, if I may, the course of
the superintendent's interviews with the defendant. There
were two interviews on 14th May and a further two interviews
on 15th May? A. That is correct.
Q. Before each interview began the defendant was cautioned?
A. Yes.
Q. In effect told that he was not obliged to answer any
questions? A. Yes.
Q. Can one summarise the effect of all four interviews to this
effect: that for the most part he relied upon his right to
remain silent? A. Yes.
Q. During the course of some of his answers he was making it
clear that he wanted the services of a doctor and a
solicitor? A. Yes.
Q. Indeed, were both provided for him? A. Yes.
Q. Mostly throughout the course of the interview he made no
admissions of any complicity? A. That is correct.
Q. Those matters which you have just dealt with took place on
the day of the arrest and the following day? A. Yes.
MR. TEMPLE: I now want you to deal with events on 25th November
1987.
MR. JUSTICE MACPHERSON: We are not going to explore any of the
questions and answers?
MR. TEMPLE: We are not, my Lord.
MR. JUSTICE MACPHERSON: Ladies and gentlemen, I think it is
right that I should simply say this: when a man is cautioned
the caution says that he need say nothing, so it is of great
importance in this as in any other case to draw no inference
because he has remained silent: he is entitled to do so. I
am sure you have realised that and I hope you will forgive me
for saying it, but I think it is fair to the defendant to do
so. The fact that you will not hear what was said is
neither here nor there and you will not draw any conclusions
of any sort against this man.
MR. BECKMAN: May I mention one matter so your Lordship is not
misled. I have told my learned friend about it. There is
one question by the officer of substance of which I will be
asking.
MR. JUSTICE MACPHERSON: It is entirely up to you.
MR. BECKMAN: Just so your Lordship should know what we are
doing.
MR. TEMPLE: I want now to ask you to move on to an interview on
Wednesday, 25th November 1987. Were you present at
Horseferry Road Magistrates' Court during what is known as
"committal proceedings"? A. Yes.
Q. Is the object of these proceedings essentially that the
examining magistrate is simply charged with the duty of
deciding whether or not, on the face of the documents and
evidence presented to him, there is a case to answer?
A. Yes.
Q. It is not a trial? A. No.
Q. Many of the issues in the case are not necessarily explored?
A. That is correct.
Q. Was this defendant present in court? A. Yes.
Q. Indeed he was being committed for trial? A. Yes.
Q. Was he represented and if so by whom? A. He was
represented by solicitors who had instructed counsel.
Counsel were actually present in court.
Q. Is it also correct, simply as a matter of law, that if a
defendant in this defendant's position at these committal
proceedings wished to give evidence, he might do so?
A. Yes.
Q. Did this defendant take advantage of that opportunity?
A. Yes, he did.
Q. Were you present in court when he gave evidence? A. Yes.
Q. Was that evidence essentially divided into sections? First
of all, he would answer questions put to him by his own
counsel? A. Yes.
Q. At this time of these committal proceedings, his wife
Mrs. Koupparis was also on trial? A. She was.
Q. Was he cross-examined by counsel representing his wife?
A. Yes.
Q. Finally, was he cross-examined by counsel representing the
Crown? A. He was.
Q. At the end of the deposition was he given an opportunity to
sign it? A. Yes.
Q. Were you present when he did so? A. Yes, it was actually
read over to him by the Court. He was given the opportunity
to alter or add anything he wished and sign it at the end if
he agreed with what he said and he in fact did that.
Q. Perhaps I can now read with you the evidence he chose to
give. He said his name was Panos Simon Koupparis, of
12 Strickland Court and --- A. Can I say, my Lord, I have
a typed copy of the document; I haven't got the original.
MR. JUSTICE MACPHERSON: Mr. Beckman, can it be done from the
typed copy?
MR. BECKMAN: I am quite content.
MR. TEMPLE: He is sworn and this is the section where he is
answering questions put to him by his own counsel.
"I have been in custody at various police
stations for seven months. My wife was
totally unaware of what was going on. In
explanation of how my wife's fingerprints
came to be on the 'Skull and crossbones'
folder" -
Pausing there, the jury have had a look at the contents of
the "Skull and crossbones" folder and we know this particular
item was found in Strickland Court and contained many other
things, copies of what are now known as "the demand
document".
"My wife, daughter and myself were living in
a rather cramped bedroom at my mother's home.
During the course of our stay in London I
had accumulated a considerable quantity of
documents, books and magazines which I had
left scattered all over the room, including
the bed, tables and window-sills. Amongst
these was the 'Skull and crossbones' folder.
"At one point my daughter, aged between four
and a few months at this stage, took an interest
in the striking skull and crossbones illustration.
I explained if she liked it I'd make up a
T-shirt for her with that motif. She took
the transparent folder and held it up against
herself and tried to see how she would look in
the mirror. The documents were spilled out of
the folder on to the floor.
"My wife, who was in the room at the time,
picked them up, replaced them in the folder
and handed it back to me. The manner in
which she picked up the documents was that
she picked up some documents individually and
some in sheafs [sic], which would explain why her
fingerprints are on only some of the documents.
She did not examine them at all. Before this
occasion I had not shown them to her and she
had not read them. I had not discussed their
content with her in any way whatsoever.
"I have been shown the document with the logo
on it."
That is a letter heading from the Department of Trade and
Industry. It emanated from the British High Commission in
Nicosia.
"I have been shown the document with the logo
on it. I have never obtained this document;
I have only been shown a photocopy of it. As
my wife was employed in the Commercial Section
of the Bristol High Commission" -
clearly it should be "British" -
"I enquired of her whether she could advise
me as to whom, if anyone, had a platinum
distributorship in Cyprus. She mentioned
that, coincidentally, very recently she had
seen a letter relating to platinum
distributorship within the office. A short
while later she handed photocopies of the
Iverson letter and the logo letter to me.
This was the first and only time I was given
correspondence which emanated from the
British High Commission. It was as a result
of a serious commercial interest on my part.
It was nothing whatsoever to do with the
charge before this Court today.
"The maps of Cyprus had been obtained by a
written request on headed notepaper from
the relevant Cypriot Ministry a few years
earlier."
If required, evidence can be read to the effect that before
March 1987, 20 maps showing various parts of Cyprus had been
taken to a shop in Nicosia to be laminated. For your
Lordship's note, the statement reference is 352.
MR. JUSTICE MACPHERSON: Did you tell me by whom or did you do
that on purpose?
MR. TEMPLE: I did that on purpose, my Lord.
MR. JUSTICE MACPHERSON: What is the status of that document?
MR. TEMPLE: Really to put this section of the evidence in
context. If need be it can be read.
MR. BECKMAN: I do not see a problem about that.
MR. JUSTICE MACPHERSON: Members of the jury, you can keep it in
a corner of your minds. These maps were 20 maps concerning
Cyprus which were laminated in Cyprus in March.
MR. BECKMAN: They were to be laminated; they were not.
MR. JUSTICE MACPHERSON: The maps were taken to be laminated.
MR. TEMPLE: "The maps of Cyprus had been obtained by a
written request on headed notepaper from the
relevant Cypriot ministry a few years earlier,
not in any connection with this matter. We
were new to Cyprus and I wanted a dependable
reference map with a view to esculating [sic] its
commercial possibilities. I was born in the
United Kingdom. I went to live in Cyprus in
1983 or 1984. The maps were rolled up and
kept in my office.
"They came to be laminated because I met
the managing director of the company, I
believe it is Photo-line."
Members of the jury, this is the Nemo envelope. This is the
envelope which had "Mr. Nemo. To be collected, leave at
airport".
"It was inside another envelope addressed to
A. Winthorpe, [sic] care of the reception desk.
The hotel was telephoned ostensibly by
Mr. Winthorpe [sic] but in fact by me. I stated
Winthorpe [sic] was shortly due to arrive in Larnaca
and would they hold any correspondence for
collection. A second telephone call was made
saying he would be unable to arrive when
expected and requesting the envelope be
opened to ascertain its contents. Once the
fact that it was meant for Mr. Nemo had been
established, I explained that Nemo was an
associate of Winthorpe [sic], who was a transit
passenger at Larnaca Airport in the very near
future. As Winthorpe [sic] woud [sic] not be there to
deliver the airline ticket - I made it clear
an airline ticket was in the envelope. As
Nemo would be unable to collect it personally,
I requested a favour of the hotel receptionist
that the envelope be handed to a suitable
guest who was going to the airport in the
near future, with the instructions that the
envelope be left at the airline desk. As
far as I am concerned, the envelope made it
to its desination [sic].
"My wife was in Nicosia at this time. Larnaca
is 60 miles from Nicosia. Larnaca is on the
coast while Nicosia is in the centre of the
island."
That completed the examination by his own counsel? A. Yes.
Q. Then he came to be cross-examined by counsel representing
Mrs. Koupparis? A. Yes.
Q. "I have been involved in surveillance technology.
I have discussed with my wife writing a book.
No subject was discussed. I did not state
the entire storyline. I cannot recall what I
said. I had many ideas at the time for a
possible story. I had reduced my ideas into
writing. I had several files of computer typed
manuscripts in my office. The originals would
have been on computer floppy disks. The box
of floppy disks was at Strickland Court, also
the demand documents were part of a story I
had planned to write. I may have told my wife
I was a spy.
"I have received psychiatric treatment over
the years. There was a period of two months
immediately prior to my arrest when I became
extremely confused, and fact and fiction
became merged in an horrific way. I am unable
to say if my wife was aware of my condition.
I was in no position to be able to say when
my wife came to this country in April 1987.
This was purely for a holiday."
Then he is cross-examined by counsel for the Crown.
"I accept I can operate a simple computer.
I have a degree of knowledge of electronics.
I have no chemistry qualifications and have
never worked in chemistry. My knowledge of
chemistry is very scant. I have had access
to chemistry books. I had typed the words
which make up the demand documents. I accept
that it was I who sent them to the Presidential
Palace in Cyprus. It was I who arranged for
a copy of the demand documents to be sent to
the Cypriot High Commission in London. I am
Winthorpe [sic]. I am also Commander Nemo. I am
Wilkins and I am Campanellos [sic] and Charalambos.
I purchased the rubber gloves with the intention
of adding them to my collection of medical
supply samples from the local chemist's shop.
Pausing there, was the position that some rubber gloves were
found in the briefcase after his arrest outside the Cypriot
Embassy? A. Yes, that is the same briefcase containing
samples of the demand documents.
Q. They had no function within my plan. I had
developed an obsession with a supposed skin
complaint of my left hand. I wore a glove
continuously to prevent my hand coming into
contact with objects. On the day in question
I was going to have documents bound. The
process would have involved glue. As I was
proposing to take the bound documents away
the same day, the glue would still be wet.
I intended to use the gloves to prevent my
hands coming into contact with the glue. If
I had wanted to avoid leaving my fingerprints
on incriminating documents, there were many
other ways I could have done this without
wearing rubber surgical gloves, bearing in
mind that on my arrest I was wearing a
leather glove on my left hand.
"My plan was not to get money. I cannot
explain the remark 'the only way to prevent
this attack is by payment of US $15 million'
on its own; it has to be taken in the context
of the whole story. At the time I wrote the
words contained in Exhibit RH/1C it was
intended as a piece of literature for
entertainment purposes only.
"I accept that when I sent the Winthrope
ticket I had spent £480 on excess baggage.
I had also purchased a ticket to London and
back. I purchased the tickets for Winthorpe [sic]
and Commander Nemo. My sister-in-law made
a few small errands for me which were in
no way connected with this matter.
"When I was at the police station there came
a time when I knew my wife had been arrested.
I had an idea of why I had been arrested.
Whether that was the real reason in my mind
is doubtful. I cannot say whether or not I
said in interview with police 'My wife is not
involved'. I accept there is no record of
my so saying. I am not saying this today out
of a misguided sense of loyalty to my wife.
She has been subject to a great deal of
injustice in this matter. There is loyalty
on my part as she has devoted twelve years,
the best years of her life, to me. Now I am
in a position to account in some way for my
action I feel duty bound to make the truth
known.
"I don't remember 'phoning the British High
Commission about a platinum distributorship
in Cyprus. I didn't write a letter. I took
a photocopy of Exhibit AS/2. It does refer
to Johnson Matthey Metals. For someone
interested in purchasing platinum that would
be a source. AS/3 helps indirectly."
That is the reply.
"It advises that there were several possible
markets for the disposal of the platinum once
it had been obtained. I did not ask my wife
to take photocopies of documents belonging to
the British High Commission. She simply handed
the two photostated letters to me. She had
not taken documents for me from the British
High Commission before. The fact that AS/2
was found in the demand document folder at
Strickland Place does not mean it had any
relevance to that. It was a convenient place
to store it. My papers were in great disarray.
I had arranged for the logo to be photocopied
to be sent to the High Commission. At this
point it was filed with other documents purely
for convenience.
"If anyone had referred to me as Nemo in my
wife's presence, I imagine she would have heard
it. I did not explain to her at the time why
I was calling myself Nemo. This was not because
she knew and needed no explanation. She did
not know why I called myself Nemo.
"My wife did not ask about the contents of
the documents she picked up from the floor.
Had my wife known what I was up to, I would
have been instantly stopped one way or another.
It was not harmless fun. It was not an attempt
to extort money. I anticipated I had obtained
£25,000 from the Cypriot High Commission just
before I was arrested. I was going to buy
certain items I felt I needed and take to
Cyprus for the use of the Cypriot Government.
"I accept that the documents contained various
money making schemes which I had sketched out
in the context of the stories I was writing.
I look at TK/28 in the bundle" -
that is page 159. That is the manuscript document which we
have looked at before.
"The writing is mine. It was written in the
United Kingdom. I look at AH/1."
That is the document at page 291 and the documentation at 291
and following which was found at Seymour [sic] Street in Nicosia.
"I look at AH/1. This is in my handwriting.
It relates to ways to evade capture but for
the purposes of my writing it was necessary
to go into this in great detail in order to
create credibility. My wife had no part in
this. I can hardly minimise my own involvement
in view of the circumstances."
On that note was his deposition completed and duly signed?
A. Yes.
Q. If asked, can you also deal with the continuity of various
exhibits? A. Yes, I can.
MR. TEMPLE: My Lord, I do not propose to spend unnecessary time
in dealing with the continuity of exhibits unless Mr. Beckman
is anxious to deal with any particular one.
MR. BECKMAN: No. May I speak with my learned friend? (Pause)
My Lord may I mention one matter? I was dealing with one
matter with my learned friend (inaudible).
MR. JUSTICE MACPHERSON: That has gone over the top of my head.
MR. BECKMAN: What I was asking my learned friend - it is an
unusual one as a deposition of a defendant and it is really a
question which has to be dealt with. What is its potentional
value so far as the jury are concerned?
MR. JUSTICE MACPHERSON: I would suspect that is something for
me.
MR. BECKMAN: Exactly, but I thought it right to mention it.
MR. JUSTICE MACPHERSON: I will mention it to them now. Ladies
and gentlemen, it is most unusual at what are called
"committal proceedings" - that is proceedings in the
magistrates' court where a magistrate decides whether there
is a case to answer - for an accused person to give evidence,
but it does happen and on this occasion he gave evidence and
was cross-examined as you have now heard. Later on I will
direct you as to the weight which can be given to the
evidence which was taken in that way. I think it is better
not to forecast what I will say, but there will be directions
which will help you, I hope, to put that evidence in the
scales and give it the weight that it deserves in this case.
MR. BECKMAN: May I mention one other matter which will help the
jury, I hope? They may not be aware that the way a
deposition is taken is always question and answer.
MR. JUSTICE MACPHERSON: I think it is better to reserve that.
MR. BECKMAN: My learned friend and I (inaudible).
MR. JUSTICE MACPHERSON: If you would be kind enough not to go
on, I said it is better to reserve that.
MR. BECKMAN: Certainly, my Lord. I have been given some useful
information - Mr. Edwards was anticipated for Monday - which
impinges on other matters. I would rather consider it
carefully. Perhaps we can carry on with other witnesses and
I can take this point at another stage. I would rather
prepare it rather than off the top of my head.
MR. JUSTICE MACPHERSON: Mr. Edwards, you will have to be here
anyway? A. Yes.
MR. JUSTICE MACPHERSON: I do not suppose you mind Mr. Beckman
having two goes at you.
MR. BECKMAN: My Lord, may I say this: what I want to ask about
really all comes together and it is only one aspect of the
matter, and I think it would be wiser and more effective if I
dealt with it in one go.
MR. JUSTICE MACPHERSON: All right. Mr. Temple, that does not
make problems for the Crown?
MR. TEMPLE: Not that cannot be overcome.
(The witness withdrew)
MR. TEMPLE: My Lord, we can certainly use the remainder of this
afternoon by dealing with some evidence to be read, after
your Lordship's direction to the jury, which essentially
touches upon the beginnings of the telephone calls to Cyprus.
What has been prepared is a chronological schedule of all the
telephone calls and I am sure Mr. Beckman would prefer if the
evidence could be given to the jury first and then the
schedule can be produced.
MR. JUSTICE MACPHERSON; There is nothing left but some
statements?
MR. TEMPLE: Yes, my Lord.
MR. JUSTICE MACPHERSON: This is an indigestible part of the
case for you, ladies and gentlemen, because what will happen
is that some statements will be read to you, probably by Mrs.
Jessell. That evidence is just as much evidence as if it
was given by the maker of the statement from the witness box.
There is a procedure now whereby it is unnecessary to produce
a witness if the evidence is agreed by both sides, so what
you will hear is just as much evidence in the case as if the
maker was here in front of you. Do not worry if some of it
does go over the tops of your heads; in so far as it is
important the barristers and I later will remind you of the
salient points which will help you and lead to your
conclusion in this case.
(The statements of the following witnesses were read to the
Court:
RODOSTHENIS PATSALIDES
ZACHARIAS CHARALAMBOUS
ANTONIS PENTARIS
CHRISTODOULOS CHRISTODOULOU
MARIA THEODOROU
MARO STAVROU )
MR. TEMPLE: My Lord, that is as far as we can go for practical
purposes. I think your Lordship, and more especially the
jury, should be aware that the progress we have made has been
very much faster than anticipated.
MR. JUSTICE MACPHERSON: I hope, ladies and gentlemen, not too
quick. I am sure it is not but you will let me know if you
are worried about any aspect of the case or anything that is
happening during your stay in the jury box.
(The jury left the court)
MR. TEMPLE: My Lord, both Mr. Beckman and I thought it courteous
to give an indication to the Court that there may possibly be
witness difficulties towards the end of next week. It really
arises due to the fact that we have made so much progress.
MR. JUSTICE MACPHERSON: I do not mind that at all as long as we
do not waste the jury's time.
MR. TEMPLE: My Lord, I think one of the potential difficulties -
and it is the Crown's problem and we will solve it - at the
moment is Mr. Pearson, who is a government chemist, who had a
look at and was able to analyse the effect of the demand
documents from a scientific point of view. As presently
advised he will not be available to give evidence until
Monday week. Both Mr. Beckman and I are of the view that,
all things being equal, the evidence may be finished before
that time.
MR. JUSTICE MACPHERSON: It shows my ignorance about the papers,
but what does the chemist say about the documents?
MR. BECKMAN: He says initially the possibility has a certain
attraction.
MR. JUSTICE MACPHERSON: Oh, I see, Porton Down. I thought you
were talking about the documents rather than the contents of
them. He is necessary, is he, from your point of view? I
would have thought, remembering his statement, that it is
entirely favourable to the defence.
MR. BECKMAN: My Lord, may I say this: I have reason to believe
I will rather than Mr. Temple.
MR. JUSTICE MACPHERSON: Mr. Koupparis will consider that with
you?
MR. BECKMAN: My Lord, there is no need, I have got my enquiries
in train. I have no doubt at all I want the witness and it
is extremely important. I have done a lot of work in
relation to this.
MR. JUSTICE MACPHERSON: You need not - as I hope you will
realise, I do not need too much saying to me; all I need is
an answer to the question whether you want him, and you do.
MR. BECKMAN: Yes, I do.
MR. TEMPLE: The only other matter is the question of the medical
evidence and I am very loth [sic] to call my medical evidence out
of a certain sequence.
MR. JUSTICE MACPHERSON: If you think that there is a day which
we can take off from the jury's point of view, I will see if
there is anything I can do.
MR. TEMPLE: I think all your Lordship need know is that counsel
have the problem in hand. We are aware of the difficulties
and will keep the Court informed.
MR. BECKMAN: Shooting ahead, your Lordship might want to bear
this in mind: there will be a submission which will be in
fact quite extensive.
MR. JUSTICE MACPHERSON: At the end of the Crown case?
MR. BECKMAN: At the end of the Crown case, and I anticipate at
least a day, it may be more. It may well be, my Lord,
depending on the way in which the evidence goes, that I may
ask your Lordship, bearing in mind the speed at which we have
gone, to have half a day or a day, depending on how the
evidence falls, prior to the submissions so that they can be
prepared more succinctly.
MR. JUSTICE MACPHERSON: It sounds as if the two things could
coincide towards the end of next week.
MR. BECKMAN: They may well, but if they do not I may well ask
that it should be ---
MR. JUSTICE MACPHERSON: There is the weekend also.
MR. BECKMAN: I am aware of that, my Lord.
(The trial was adjourned until Monday, 12th June, 1989)
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