Win­ters loses case

The Jewish Chronicle - - News -

Win­ters’ ex­penses, and ir­reg­u­lar­i­ties re­lat­ing to Gift Aid.” Mr Win­ters had been unan­i­mously ex­on­er­ated by the JNF trustees in March 2006 af­ter an in­ves­ti­ga­tion by foren­sic ac­coun­tants.

Noth­ing dis­closed by Mr Win­ters to Dr Julius “made it im­proper” for Dr Julius to con­tinue act­ing for both the JNF and its chief ex­ec­u­tive, the judge con­cluded.

But Mr Jus­tice Hen­der­son re­jected claims by Mr Win­ters that Dr Julius had acted for him a year later when he had con­sid­ered su­ing for­mer JNF pa­tron David Lewis over let­ters to the Jewish press about the dossier al­le­ga­tions.

Mr Win­ters had failed to men­tion in a wit­ness state­ment that he had ac­tu­ally in­structed his present solic­i­tors Ge­orge Davies in this mat­ter, the judge re­marked. “It pro­vides a graphic il­lus­tra­tion of the un­re­li­a­bil­ity of much of his ev­i­dence,” he de­clared.

In an­other pas­sage, the judge said that Mr Win­ters had “not [been] frank with the court” in ask­ing an­other Mish­con lay­wer, Daniel Naf­talin, about the fea­si­bil­ity of a five-year con­tract with JNF in the event that the char­ity lost its lit­i­ga­tion with KKL.

MrWin­ter­shad­claimedthathe­wanted ad­vice about ex­tend­ing his con­tract from six to 12 months.

The re­quest for five years was “a dis­cred­itable one, com­ing from the chief ex­ec­u­tive of a ma­jor char­ity, and it is per­haps un­sur­pris­ing that Mr Win­ters should now dis­own it, even though it had the ini­tial sup­port of the trustees,” Mr Jus­tice Hen­der­son wrote.

Mr Win­ters’s so­lic­i­tor, Mark Lewis, of Ge­orge Davies, said: “Nat­u­rally Si­mon is very dis­ap­pointed at the out­come. He is con­sid­er­ing the judg­ment. He does find it sur­pris­ing that the judge can find Mish­con de Reya had acted for him and yet al­low them to act against him.”

Mish­con said it did not wish to add any com­ments to the judge’s rul­ing.

Sa­muelHayek­said:“AlthoughtheJNF was not party to th­ese pro­ceed­ings, it is re­gret­table that Si­mon Win­ters found it nec­es­sary to take action against Mish­con de Reya.

“I can­not pre­dict how this will af­fect his le­gal action against the JNF. We do not want to be in­volved in a le­gal case, but if he pur­sues this action we will de­fend it.”

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