Ref: A00-300995 Case No. 871626 Macpherson II
Volume V, Pages 19-35, Thursday 15th June, 1989
(In the presence of the jury)
HARRIS VOVIDES: Sworn
Examined by Mr. Temple
MR. JUSTICE MACPHERSON: Mr. Vovides, if you have any problem
with any question in English, the lady interpreter is
standing beside you. A. Thank you very much.
MR. TEMPLE: Mr. Vovides, can I take you back to April 1987?
What was your position then? A. My position at the time
was the same as today; I am still director of the President's
office.
Q. Were you based at the Presidential Palace in Nicosia?
A. Yes, I am still stationed there.
Q. Can I ask you to help us with names you may use. Forgive my
pronounciation [sic], Constantinou, is that a name you have used?
A. No, it is not my name but I used it once off. I had my
reason to use that name, my name is Harris Vovides.
Q. When you used the name Constantinou, was that with reference
to an alleged blackmail demand against the Government of
Cyprus? A. Yes, exactly.
Q. In a moment I want you to deal in a little more detail with
your own involvement in the various telephone calls which
were made. Can I ask you, please, to summarise the position
or to confirm that the general position which occurred was
that you were contacted in the afternoon of 1st April, a very
short conversation not taped? A. Not taped, yes.
Q. There then followed, between 2nd and 24th April, a series
of telephone calls which you did tape? A. Yes, that is
correct.
Q. Then there was the final 'phone call on 27th April, and again
that final one was not taped? A. Yes.
Q. Would you have in front of you a document which summarises
the effect of the telephone calls you made, page 3. (Handed
to the witness) Do you see there, about half way, the
summary begins dealing with a telephone conversation between
a man calling himself Colonel Digsby and yourself? A. Yes.
Q. Can I indicate to you that what I propose to do is read out
to you this summary and the summary of the other 'phone calls
which were taped, and I am then going to ask you a general
question: "So far as you recollect, are they or are they
not an accurate summary as to the effect of the 'phone
calls?"
Before we come on to that first taped conversation, I
want you to tell us about the very first initial call. Where
were you when it came through? A. I was in my office and
the policeman who was on duty - he receives telephone calls
when there is no telephone operator at the office, so he put
it through to me.
Q. Was this on 1st April? A. This was on 1st April, because
we were not working on 1st April, but I go to the office even
during non-working hours or non-working day and so on, and
the policeman put me through to somebody who wanted to speak
to President Kyprianou at the time. Of course, policemen are
not allowed to put any telephone straight through to the
President unless it passes to me, so they put it to my
telephone and there was somebody who presented himself as
Nemo and he said "President" or "Mr. Kyprianou?" I said,
"Who is calling" "Nemo", he said. I said, "I am sorry, the
President is not here", or "he is busy", something like that,
and he said, "I will call again", something like that and he
hung up. That is what I remember after two years.
Q. Was that the end of that very first --- A. Very first
call.
MR. TEMPLE: Can we turn and I will read with you the summaries
we all have. So that you know, the jury have actually heard
the tape of this particular conversation. For your purposes
I will read it through with you.
"Mr. Constantinou tells Colonel Digsby that
having been unable to speak to the President,
he spoke to Mr. Mavrellis, the Minister of
Finance, who confirmed that he had been in
communication with Digsby. Mr. Mavrellis
saw the President who assured him that 'Force
Majeure' and 'Commander Nemo' meant nothing
to him. Mr. Constantinou interrupted a meeting
in order to confirm that the President knew
nothing about Commander Nemo or Force Majeure.
"Digsby wants to know if there is a secure
telex number he can use to communicate with
Mr. Constantinou. Mr. Constantinou tells him
that there is no telex facility at the
Presidential Palace but there is a secure
telex at the Foreign Ministry in Nicosia.
Mr. Constantinou explains to Digsby that all
the embassies have direct lines with the
Foreign Ministry and if he wished something
sent he could do it through any of the
embassies. Colonel Digsby tells him that
he will send something through the London
High Commissioner, Mr.Tassos Panayides.
Digsby claims" ---
MR. BECKMAN: May I say there is going to be a transcript and
they will have the full transcript in front of them because
we take the view that has a different impact, so we are going
to put the whole transcript in.
MR. TEMPLE: "Digsby claims that he is using a radio
telephone via satellite link to make this
call. In fact it sounds like a portable
'phone with its power supply running out
and his voice fading away."
In summary was that a fair or reasonably accurate
interpretation as to what had taken place? A. Yes, it is.
Q. Do you remember I asked you about your name Constantinou?
A. Yes.
Q. How did it come about that you were introducing yourself
under that name at this stage? A. I will explain to you
shortly speaking, that the man who introduced to me as
Colonel Digsby I understood from his pronounciation [sic]he was
speaking good English but he might not be English citizen,
and that is why I gave him that name, Constantinou, to see
how he pronounced. From the way he pronounced to me
Constantinou I realised he was Greek citizen living in
England. I gave him difficult name in Greek to see if he
was Greek Cypriot or Turkish Cypriot, to see if he had
something to do with Cyprus.
Q. That is very clear. Top of page 4, your next conversation on
9th April. Again I will read it through with you.
"Digsby rings Mr. Constantinou and enquires
whether the parcel he has sent to the High
Commissioner in London has been received by
the President yet. Mr Constantinou tells
him that the High Commissioner informed them
by telephone that the parcel was received by
him and despatched to Cyprus but it has not
yet arrived at the President's office.
"Digsby claims that Commander Nemo tried to
make contact with the President's office but
was unsuccessful. Digsby wants to know whether
Troodos Mountain is covered in snow. This is
confirmed by Mr. Constantinou. Digsby tells
Mr. Constantinou that he will explain the
significance of his question regarding the
snow at his next telephone communication
with him."
Again, does that accord with your recollection? A. Yes,
that is correct.
Q. A further conversation on 10th April.
"In this conversation Digsby enquires
whether his communication has been received.
Mr. Constantinou explains that the documents
sent by Digsby through the Cyprus High
Commissioner in London were received at
about 9.30 p.m. on the previous night.
"Digsby wants to know if Mr. Constantinou's
name is Vovides. Mr. Constantinou explains
that he uses both surnames, i.e. Vovides and
Constantinou, one being his father's name and
the other the family name. Digsby informs
Mr. Constantinou that the document he sent
to him via the London High Commissioner was
allegedly posted to the President of Cyprus
last month. He states that it was posted to
the President from the main post office in
Nicosia. Mr. Constantinou informs Digsby
that due to the seriousness of this matter,
the Cyprus High Commissioner in London has
been called to Cyprus.
"Digsby is going to telephone Mr. Constantinou
again in the afternoon and suggest the name
of a man currently residing in Cyprus who
allegedly is an expert on these matters. He
stipulates that this man is not working for
him, Digsby, but has done so in the past.
Digsby further suggests that Mr. Constantinou
studies the document carefully and prepares
a list of questions he may wish answered by
Digsby at their next telephone conversation."
Again ---? A. That is correct.
Q. Then on page 5, we move on to 11th April. Again I will
read the summary:
"During this conversation Mr. Vovides tells
Colonel Digsby that the document is being
studied by both the President and himself.
According to Mr. Vovides, the President is
considering the idea of appointing a small
committee of advisers to assist him with this.
However, the Cyprus Government will need at
least three more days to fully study the
documents and prepare a questionnaire by
next Monday morning. There is further
conversation regarding the original document
which, according to Digsby, was allegedly
posted to the President of Cyprus some time
ago. Mr. Vovides assures him that it was
not received and explains that he does not
wish to start an enquiry with the Post Office
for fear of a leakage. Digsby sends his
regards to the President of Cyprus and
promises to ring back on Monday next."
Turn to the further conversation on 13th April.
"In this conversation Mr. Vovides reads out
a number of questions to Colonel Digsby and
invites his personal opinion on each.
"Vovides: 'Do you think out of your
experience that Nemo is likely to make this
demand to the Government of Cyprus?' Digsby:
'Yes, he will make this demand'.
"Vovides: 'Second question: do you know
of a similar demand made by Nemo and what
was the result?' Digsby: 'I know of several
situations. All of them, er, the Governments
have paid'.
"Vovides: 'The third question is about the
ransom amount. Fifteen million dollars is
impossible actually for us to pay'. Digsby:
'Well, I can tell you that some countries
have paid as much as 100'. Vovides: 'Excuse
me?' Digsby: 'Some countries have paid as
much as 100'. Vovides: 'Yes, but probably
rich countries. We're a small island'.
Digsby: I have nothing to comment'. Vovides:
'How can we be assured that once the money
is paid nothing will happen in Cyprus?'
Digsby: 'So far he has kept his word'.
"Vovides: 'Do you know on what frequency
the REC 3 signal will be sent off and activate
the PIGs?' Digsby: 'I understand that it
is fully remote controlled via satellite. He
uses a number of bands; we know what bands.
They cover quite a number of bands, a lot of
different bands'.
"Pips are heard in the background, which
indicates that Digsby is using a pay 'phone
for this call. Digbsy [sic] alleges that they are
losing the satellite link and there is no
more time for further questions. He promises
to ring back in about 20 minutes' time."
Once again, does that accord with your recollection? A. Yes.
MR. TEMPLE: Then we move on to 23rd April.
MR. JUSTICE MACPHERSON: I have one on 14th April.
MR. TEMPLE: Yes, my Lord, at the bottom of page 6.
MR. JUSTICE MACPHERSON: You said, "We move on to the 23rd".
MR. TEMPLE: If I did it is entirely my error. (To the witness):
The bottom of page 5, 14th April. The summariser notes:
"The recording commenced half way through
their conversation. It appears to be
connected with the previous call" -
the one at which we have been looking.
"After a while it goes blank again for about
one and a half minutes before the final part
of their conversation. This call appears to
be made from a pay 'phone. Pips are again
heard in the background.
"Digsby: '..... and usually he only allows
you a few minutes to respond'. Vovides: 'Do
you think he is going to send to us the same
thing you sent us?' Digsby: 'As far as he
is concerned, he has already sent it to you'.
Vovides: 'Yes, but we have not received
anything. So he cannot come forward and say,
"I have this demands" if he doesn't know if
we received it or not. We didn't receive
anything'. Digsby: 'We don't know how good
his intelligence is'.
"Vovides: 'Do you think he is going to contact
us again?' Digsby: 'Almost certainly. Is
there still snow on the mountains?' Vovides:
'A bit. Very little now'. Digsby: 'Well, you
should expect to hear from him any day now'.
Vovides: 'Any day?' Digsby: 'When you do
hear from him you will only have one hour or
two to respond at the most'. Vovides: 'One
hour?' Digsby: 'You will be expected to
be ready'. Vovides: 'One hour; it's so
short! Nobody can decide in one hour'.
Digsby: 'Well, you can make all the prepar-
ations for it at least'. Vovides: 'I don't
know'.
"Digsby: 'What is the last question?' Vovides:
'The last question is, er, in Cyrpus [sic] we have
restrictions by law not allowing us to take
large amounts of money out of this island.
Bearing in mind the document in our hands -
the document you sent us I mean, do you have
any advice? I mean, the Government or the
Minister cannot go to the Central Bank and
ask for an amount of money and take it out.
They have to give reasons. I mean, it has
to go to the House of Representatives to be
enacted. It's not easy to give out a large
amount of money.' Digsby: 'I imagine that
Commander Nemo has taken all that into
account and is expected to do what is
necessary'.
"There follows a short conversation regarding
the availability of a telex facility in Cyprus.
The recording then is cut off for a while.
When the recording resumes, it is agreed
between Vovides and Digsby that Digsby will
ring back later on in the evening."
Then we move to 23rd April.
"Digsby explains that he hasn't been able to
make contact with Mr. Vovides for a number of
days. Mr. Vovides tells him that it was a
national holiday in Cyprus and that the office
was closed. He tells Digsby that the President
of Cyprus is no longer in favour of forming a
committee of advisers, but he is now thinking
of appointing an expert from the Ministry of
Health to assist him. Digsby tells
Mr. Vovides that he is still trying to locate
a greek [sic] Cypriot who is an expert in these
matters, but he has been unable to do so yet
as this man is travelling in Europe at the
time. According to Digsby, this Greek
Cypriot is an expert on computers, electronics,
advance countermeasure technics [sic] and explosives.
'He is a very able man. A private individual,
not a member of our group. Digsby then goes
on to say that he is ringing from Vienna and
that Nemo, with some of his top executives,
are in Austria as well.
"Digsby: 'We are ready to move against the
whole group but we cannot do anything until
the danger is lifted from Cyprus'. Then
Digsby asks: 'Do you have the ransom payment
ready? We are only a few days from the
deadline'. Vovides: 'We want your advice
first'. Digsby: 'I would prepare yourselves
for the worst. You are not dealing with
schoolboys here; you are dealing with an
organisation. He will only give you four
hours' notice. If you don't pay within the
four hours he specifies, you will become a
target'. Vovides: 'We haven't received
anything from him yet, only from you'.
Digsby: 'I will be calling you tomorrow
and you will definitely be hearing from
Nemo within the next few days."
Once again, does that accord with your recollection?
A. Yes.
Q. Finally, do you remember you said once again, just as the
very first conversation had not been taped, the final
conversation was not taped? A. Yes.
Q. Can I ask you to deal with the final conversation. Was this
on 27th April at about seven o'clock in the evening? You
will not find this on the summary. Can you recollect the
essence of that final conversation wth [sic] Digsby? A. If I
remember well, I requested him and gave him the telephone
number to telephone to somebody who is called an expert, an
ex-health inspector, and I gave him the name of Frixos
Nicolaides, something like that, and the telephone number was
to ring him directly and discuss all these details on how to
work and so Cyprus could avoid this danger of the
contamination and so on. Of course, the name I gave him was
not the right one, it was a false name. It was a police
officer at the headquarters of the police and the number
that I gave him was given me by the Chief of Cyprus Police so
we wanted to tell him not to contact - actually I wanted him
to contact the police and deal with them directly instead of
through me and every time I had to give the tapes to the
police and enough they say; from that moment he started
'phoning directly to the police.
Q. As from 27th April, did you drop out from the negotiations?
A. Yes, I believe this was the last call he made to me.
Q. Just to tie up the names, was the real name of Frixos
Nicolaides Demetriades? A. Andreas Demetriades was his
real name; he was a superintendent in the police.
MR. JUSTICE MACPHERSON: We have heard from him already.
CROSS-EXAMINED BY MR. BECKMAN
Q. Mr. Vovides, you called yourself Mr. Constantinou because you
knew from the beginning that he was an imposter [sic] and you were
trying to find out what nationality he was? A. I wanted to
find out whether he was Greek, Cypriot, British, American,
something like that.
Q. You knew he was an imposter [sic] and you wanted to find out what
his nationality was? A. Yes, that is correct.
Q. Just a specific point - the question should probably be put
through the interpreter - one other matter I will ask that is
specific and not general is this: have you listened to the
tapes afterwards in order to make sure it is your voice and
to hear them? A. Yes, after every recording and when I
handed the cassettes to the police officer - I think
Mr. Castophides [sic] it was - I would put it in the cassette
player to make sure that the recording had been effective,
and of course I was sure it was my voice.
Q. So that if we carefully listen to any one of the cassettes -
and I have one in mind - and if it is transcribed on to paper
accurately, you would be happy that would demonstrate what
you said and what he said? A. Yes, if that is the one; if
it is one of my cassettes.
MR. BECKMAN: Only your cassettes. In that case I need not ask
you any questions about it, you will be glad to hear. In
your statement to the police, the English police - you may
look at it if you wish - you said this - it is page 519, my
Lord. You said this ---
MR. JUSTICE MACPHERSON: Just a minute, 519 is not his statement.
MR. BECKMAN: My Lord, I am afraid I was working at the time I
dealt with this - I did not have - this is part of the
translation dealt with by Mr. Soteriou, the translater [sic].
MR. JUSTICE MACPHERSON: It is the translator's statement. Do
you want him to have it?
MR. BECKMAN: No, I just gave it to assist your Lordship so one
can - I am being accurate. It is in the summary as well but
when I prepared the cross-examination it was the only
document I had. I mentioned this to Mr. Temple. (To the
witness): You said this to the man on the other end of the
'phone: "Bearing in mind the document in our hands" - there
was then a pause - "the document you sent us I mean". What
actually, when you said those words, did you mean? A. I
did not understand the question. I did not understand what
you want me to answer. I said, "Bearing in mind the document
we have, I mean the document you sent us through the High
Commission".
Q. "Bearing in mind the document in our hands" - pause - "the
document you sent us I mean." Did you mean - I will put it
a different way and you answer your own way. Did you mean
that document in your hands, the one you had received already
in Cyprus, or did you mean that copy that had been sent later
through the High Commission? A. No, the second copy which
he sent us through the High Commission. Of course, I know
we had another document in our hands which we were all the
time refusing that we had received it.
Q. You always denied receiving it? A. Yes, this is in my
cassettes.
Q. So you had received, effectively, the original document in
Cyprus? A. Yes.
Q. Then after the conversation you had with him and as a result
of your conversation, you got a copy sent through the High
Commission? A. Yes, that is correct.
Q. You achieved the obtaining of the copy by telling him that
the first document had not been received? A. Yes.
Q. You explained to him that the best - one of the best ways of
getting a copy to the President was to send it to the High
Commission and then they could send it to the Ministry down
the road and they could give it to the President? A. Yes.
Q. That is a copy of the document you already had? A. I did
not know exactly what he was going to send the second time.
MR. JUSICE [sic] MACPHERSON: I am sorry? A. It was a copy of the
document but I did not at the time ---
Q. Can you let the jury hear? A. I urged him to send a copy
of the first one, which we denied receiving that because we
wanted to make him surface to see if he was the same person,
Nemo and Colonel Digsby, or not, so I wanted him to come out
and find his addresses. That is why I denied receiving any
copy.
Q. I cannot remember, Mr. Vovides, if, by the time you were
speaking to him, you knew he was in London. A. I asked him
many times, "Where are you now?" because he said he wanted to
send something to us. I said, "Are you in London? In case
you are in London send it through the High Commission or
through our embassies if you are in another country", and so
on.
Q. You did not know where he was but once the document was sent
to the High Commission you inferred he had been in London ?
A. Yes.
MR. BECKMAN: So that enabled you to discover where he was?
A. Yes.
Q. And obviously that was the purpose of what you were doing?
A. Yes.
MR. BECKMAN: My Lord, I wonder if I might - because I am not
sure I have an accurate note - if I could ask the shorthand
writer to mark up the point - the last few questions and
answers? I must ask her to mark it now.
MR. JUSTICE MACPHERSON: Yes, I am sure she will.
MR. BECKMAN: I am now changing the subject because I do not
need to ask you anything further about that.
MR. JUSTICE MACPHERSON: Before you pass from that, can I ask you
one thing while it is in my mind? We heard from the High
Commission that the document had been opened in London. Did
you yourself know whether he had opened it? Did you see it
when it arrived in Cyprus? A. Yes, I saw it when it arrived
in Cyprus.
Q. Was it sealed in an envelope or opened? A. I do not
remember because it was given directly to the President; then
I saw it.
MR. BECKMAN: If you do not know the answer to this tell me, but
did you receive any information about the feasibility of the
threat? A. The demand was taken from the Cypriot police as
a serious one and for this reason they addressed themselves
to Scotland Yard for help.
Q. Do you know that they then contacted the leading authority in
this country on that sort of thing on your behalf?
THE INTERPRETER: Sorry, can you tell us the question again?
MR. BECKMAN: Did you know on your behalf, on 1st April, contact
was made with the leading experts in all forms of chemical
warfare, namely Portland Down.
MR. JUSTICE MACPHERSON: Porton Down.
MR. BECKMAN: I am sorry, my lord, Porton Down.
THE WITNESS: The only thing I know is that they got in touch
with Scotland Yard but I do not know to whom Scotland Yard
handed the document. I did not know that immediately; some
time passed before I was informed of it.
MR. BECKMAN: In other words, you did not know to whom the
document was handed, but you knew or found out that it either
was going to or went to experts? A. Yes.
MR. BECKMAN: Were you given the results that these experts
discovered?
THE INTERPRETER: That there were experts - sorry, I did not
hear.
MR. BECKMAN: The experts saw the document on 1st April; was he
told the results of their examination of the demand?
THE WITNESS: No, because on 1st April I was not even aware of
the existence of the document.
MR. JUSTICE MACPHERSON: Ask it again.
MR. BECKMAN: Were you at any time told the results of the
examination by the experts in England? A. I came to know
about it after the defendant's arrest, after Scotland Yard
had a meeting - not a meeting, a press conference.
Q. So you were never told before the - the press conference was
after the arrest? A. I did not know about it earlier.
Q. So you did not know about it earlier. Who would be the
people told the result of the experts' analysis? A. The
Chief of Police in Cyprus, the Minister for the Interior in
Cyprus and the President, Mr. Kyprianou himself.
Q. Who would be the person who would make the ultimate decisions
in connection with this matter? A. The President with his
advisors, the Minister of the Interior, the Chief of Police,
the Director of Information Service.
MR. BECKMAN: The decisions, I take it, would be made either for
practical reasons or for political reasons?
MR. JUSTICE MACPHERSON: To which decision are you referring?
MR. BECKMAN: Any decisions.
THE WITNESS: I cannot comment on that. It was up to the
President to decide.
MR. BECKMAN: There was an election pending, was there not?
A. The elections were scheduled for the next year.
Q. In this case the demand first received at the Palace - not
the copy - is a demand against the Government of Cyprus
through its President, and threatening the people of Cyprus.
Why was he not extradited to Cyprus to be tried for that
offence? A. It is not up to me to give you an answer on
that. I am not the President. It is possible he is not even
a Cypriot subject.
Q. The decision on that matter would be the President's, would
it not? A. Yes, the President, with his advisers. He
would have to discuss it with the Attorney General.
(The witness withdrew)
MR. TEMPLE: My Lord, two doctors will be available as from two
o'clock.
(The trial was adjourned for a short time)
MR. BECKMAN: My Lord, with the assistance of the court I have
copies; can I distribute them?
MR. JUSTICE MACPHERSON: Yes, certainly. We have not given them
numbers; I do not think it will be necessary. (Handed to
the Court and jury) This is the search warrant that was
referred to this morning. If the documents multiply at all
we will arrange to get you a folder in which to put them.
MR. BECKMAN: May I say it is not my immediate intention to
produce many documents. If it arises the way I shall deal
with it, which is the most convenient way, is to have a
defence folder prepared and delivered.
MR. JUSTICE MACPHERSON: We will see how we get on.
MR. TEMPLE: My Lord, perhaps I can take advantage of the
opportunity to ask that the schedule of 'phone calls is
distributed.
MR. JUSTICE MACPHERSON: Yes, certainly. (Handed to the Court
and the jury) Ladies and gentlemen, the only thing you need
look at at the moment is the middle of this document where
you will see the passage that the witness was being asked
about at 6A (inaudible) concerned an offence committed at
Nicosia. We have heard about all the calls already.
MR. TEMPLE: Yes, my Lord, they are all proved.
MR. JUSTICE MACPHERSON: Ladies and gentlemen, this is a schedule
of the dates and times of the telephone calls with which we
have been dealing during this case. It will help us to keep
track of calls, who made them and to whom.
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