Submitted by BU family member

Over the last year or so, I have read with considerable interest your “Other Side of Kingsland” series. It makes a change from the hearsay and unsupported allegations of Keltruth and Barbados Free Press.

Recently, I was shown certain documents that I think you and your readers may find of interest and I attach them, since it is upon one of them that Nelson Barbados Group Limited relies for its standing to sue Barbados and certain of its officials, including its present and former prime ministers and its chief justice.

First is the Deed of Mortgage made between the Goddards (Larry Kent and Maria Jane – Maria Jane is the daughter of Marjorie Knox) and Peter Andrew Allard. I will refer to this as the GODDARD MORTGAGE. It will be noted that in the third paragraph it is recited:

AND WHEREAS this deed is supplemental to a mortgage therein [should read ‘bearing’] even date herewith and made between MARJORIE ILMA KNOX of the ONE PART and the Mortgagee [Peter Allard] of the OTHER PART whereby certain shares were charged by the said MARJORIE ILMA KNOX to the mortgagee by way of deed of charge for securing the payment of the sum of $1,150,000.00 with interest thereon and therein contained.

Next, let us take a look at the Deed of Charge referred to between Marjorie Knox and Peter Allard. I will call this the KNOX CHARGE. Have a look at paragraph three and you will see recited:

AND WHEREAS this deed is supplemental to a mortgage therein even date herewith and made between LARRY KENT GODDARD and MARIA JANE GODDARD of the ONE PART and the Mortgagee of the OTHER PART……

So I would like the legal expert(s) responsible for these documents to explain to me just how two documents can be supplemental one upon the other. The answer, of course, is that they cannot be one supplemental upon the other supplemental. It just cannot be done. There has to be a ‘stand-alone’ document.

Another little point that is of concern is that the amount referred to in the body of the Knox Charge and the Goddard Mortgage is $1,150,000.00 and these documents purport that the Knox Charge is executed to further secure the Goddard Mortgage. Interesting. Let us take a closer look:

1. Refer to page 2 of each document and the paragraph numbered 2 and you will notice that the payment of the $1.15 million is acknowledged to have been made each to both the Goddards and Marjorie Knox. Therefore, the two together represent a payment of $2,300,000.00.
2. In case you wish to consider this to be a typographical error, you will notice that on 2002-05-23 the Goddard Mortgage was upstamped to secure the amount of $1,150,000.00, which is in order, and meanwhile on the same day, the Knox Charge was stamped to secure $1,400,000.00, which is at odds with what is stated in the Knox Charge itself.

Interesting? A sort of rodent-like smell seems to be drifting in.

You will note that the Knox Charge is repeatedly upstamped until on 30 January 2007 it is upstamped by $20,000,000.00 (yes, folks, $20 million) to a total of $24 million.

Does anyone smell a rat yet? Keep sniffing.

Have a look at the top of the Goddard Mortgage and you will note that it is prepared by the reputable law firm of Clarke, Gittens and Farmer and signed by someone whose signature looks very like that of partner David Gittens, an attorney of excellent and enviable reputation.

Turn then to the Knox Charge and you will notice that it purports also to be prepared by Clarke, Gittens and Farmer, but is signed by someone whose signature bears a strange similarity to that of Alair Shepherd who is not now nor has he ever been an officer or partner of Clarke, Gittens and Farmer.

Mistake, say you? I think NOT! Examine if you will page 5 of the Knox Charge…the signature page. You may note that right at the foot of the page under CALLING OR DESCRIPTION there is a computer file identifier that belongs to Alair Shepherd which shows that the document was NOT generated by Clarke, Gittens and Farmer, but by Alair Shepherd. Then, turning quickly to the signature page of the Goddard Mortgage, you may note that there is no computer file identifier.

Smell anything yet?

It is on this almost certainly invalid and fraudulent Knox Charge purporting that Peter Allard has loaned Marjorie Knox $24 million, that Nelson Barbados has claimed standing to sue Barbados and others . It is on this fraudulent and invalid Knox Charge that Canadian lawyers are leeching from our foreign currency reserves money to defend this abomination before the Ontario courts. It is on this fraudulent and invalid Knox Charge that Keltruth and Barbados Free Press are supporting their campaign to denigrate Barbados and its officers and its people.

But there is more. Why is this Knox Charge recorded at the Land Registry instead of at the Corporate Affairs Registry? After all, it deals with shares, not land. Subterfuge, would you say? Maybe even a way to misdirect the legitimate ‘press’? Because you see it appears that Marjorie Knox was loaned $24 million (and I wonder if the Central Bank has a record of these monies coming into Barbados or if they were made overseas) and the press has no ‘defamation’ laws to hide behind this time – these are public domain documents that ANY PERSON regardless of citizenship, can obtain a certified copy of. You may wish to consider, however, that to locate this Knox Charge in the Land Registry is FAR more difficult and expensive than locating it in Corporate Affairs and that may explain its inexplicable lodgement and registration.

And what is the role and position of Alair Shepherd in this, always provided that it IS his signature we see on the top of the Knox Charge. Will a complaint be lodged with the Barbados Bar and if the Barbados Bar fails to act, always provided what appears to be the truth actually is proved against Mr Shepherd, will it then be appealed to the Court of Appeal? I am reliably informed that Mr Shepherd HAS admitted that it is his signature and that Clarke, Gittens and Farmer has provided sworn testimony that it never prepared, nor was it instructed to prepare, the Knox Charge nor did it authorize Mr Shepherd to sign on its behalf.

Smell getting a little strong?

Let us re-examine the sum of $24 million. I know that I am not Perry Mason, but I do believe that in US dollars that $24 million comes to $12 million. Just a coincidence, I know, but is that not the amount that Peter Allard is trying to sell Graham Hall for?

Also, in the spirit of the self-same Perry Mason line of reasoning that lately has so electrified Keltruth, let us look at one other strange coincidence. I saw on Barbados Underground that Nelson Barbados Group Limited has as its sole officer one Mr Donald Best. So, I Googled Mr Best’s name and Wikipedia, no less, supplied me with some fascinating information as follows and the emphases are mine:

Donald Best is a former Detective Sergeant with the Toronto Police who is probably the most notable (or notorious) deep-cover satellite piracy investigator in Canada . Starting in the mid-1990s, he was the primary investigator in over a hundred anti-pirate decryption actions launched by satellite television companies Bell ExpressVu (now called Bell TV) and DirecTV and smart card manufacturer NDS Group (Formerly News Datacom, NDC).

His evidence was used in the precedent-setting Supreme Court of Canada case “Bell Express Vu Limited Partnership (Appellant) and Richard Rex, Can-Am Satellites et al (Respondent)”

Best’s undercover methods have been extensively criticized in online postings and discussion forums by satellite dealers who have been the subject of his cases. His use of Anton Piller search warrants at dealers’ homes has been a focus of complaints but the courts have never rejected any of his searches. However, according to an internet message forum, at least one unknown judge has called into question his methods and reputation.

During the year 2001 while working as an undercover investigator for satellite television smart card maker NDS/News Datacom, Donald Best became one of a hundred sub-dealers of a major satellite pirate named Marty Mullen in London, Ontario Canada. Best became close friends with Marty Mullen for a year and later testified at Mullen’s 2004 trial in Tampa , Florida .

At that trial, Marty Mullen received the most severe sentence for satellite piracy recorded in the United States : seven years with no parole and a restitution order to pay DirecTV and smart card provider NDS Ltd. US$24 million in restitution.

Background Of Donald Best

Little is known of Donald Best’s background prior to his service with the Toronto Police. Each of Best’s Anton Piller applications and affidavits lists details of his police experience. According to his affidavits when he left the police in 1990 he held the rank for Detective (Sergeant) and was an internal investigator on the staff of a Deputy Chief “Assigned to investigate internal matters, including internal audits and budget matters (1987-1990)” He is a Certified Fraud Examiner.

At Marty Mullen’s Florida trial, Best testified that he left the police service to take over the family business because of the death of his father. It is known that he developed some condominium projects in Barrie, Canada during the late 1980s and early 1990s when he owned a commercial flooring company in that city. Best has not surfaced as an investigator since the Marty Mullen case and it is rumored on satellite piracy chat groups that he retired from undercover work to devote himself to his investments.

Naturally, we must defer to Wikipedia and accept that Donald Best is now inactive, but a few comments are not inappropriate here.

1. Bell ExpressVu (now called Bell TV) and DirecTV and smart card manufacturer NDS Group (Formerly News Datacom, NDC). A subsidiary of Allarco owned by the Allard Family maybe?
2. Best became close friends with Marty Mullen for a year and later testified at Mullen’s 2004 trial in Tampa, Florida. Just a coincidence, of course, but has strange similarities to the relationship and surreptitiously recorded telephone conversations between Peter Simmons and Stuart Heaslett instigated by Stuart Heaslett and carried out from Peter Allard’s Vancouver residence. Pure coincidence, of course.
3. Bell Express Vu Limited Partnership (Appellant) and Richard Rex, Can-Am Satellites et al (Respondent).. Well, guess who plaintiff counsel on whose behalf Donald Best gave evidence was? None other than K William McKenzie, Nelson Barbados’ counsel in Canada . You don’t believe me, look it up on the Internet. Here is the reference: http://www.ipsofactoj.com/international/2003/Part04/int2003(4)-001.htm. Don’t bother to read the whole thing, just cut to the end. And as I have read on Barbados Underground, Mr Donald Best of Nelson Barbados shares an address with K. William McKenzie – but of course, this is just coincidence also. It must be another Donald Best..
4. At Marty Mullen’s Florida trial….and just where does Keltruth operate out of? Might it be Florida ? How far from Miami is Tampa ? Just another coincidence, naturally.
5. Finally, do please have a look at Keltruth and its report on the cross-examination of Sir David Simmons.. How interesting that K. William McKenzie has as his student-at-law one Mr Lemieux. Lemieux. Le Mieux. French. Translation: BEST.

Coincidences all over the place. In Perry Mason, of course, this would add up to evidence, but we more prosaic and sensible people realize that you can twist coincidences to mean anything. Interesting, though.