Dechert Partner Accused of Orchestrating a 'Secret Prison' in the Middle East
The allegations were made against partner Neil Gerrard, who gave evidence as a witness in a wider London High Court case on Tuesday.
January 29, 2020 at 04:37 AM
4 minute read
Dechert partner Neil Gerrard "orchestrated" an Emirate's "secret prison" where suspects are "held without due process for them to be interrogated", a businessman has claimed in a court filing.
Farhad Azima, an American-Iranian businessman alleged in his skeleton argument that Gerrard, a London-based Dechert partner and deputy chair of the firm's Europe, Middle East and Asia litigation group, "oversees" a "secret prison" in the United Arab Emirate of Ras Al Khaimah (RAK).
Azima claimed he had learned of Gerrard's alleged involvement after having been "involved in efforts [known as 'Project Clay'] to shine a light on serious human rights abuses in RAK, including by investigating allegations that RAK was holding suspects without due process for them to be interrogated," according to his skeleton argument.
Gerrard was not directly asked about the claim that he orchestrated a "secret prison" in RAK and said he had no knowledge of any human rights abuses in RAK.
Azima is currently facing a commercial claim for damages totalling £3.7 million for "breach of contract, fraudulent misrepresentation and unlawful means of conspiracy". The claim is being brought by a RAK state entity, the Ras Al Khaimah Investment Authority (RAKIA).
Gerrard is adviser to RAKIA in a long-running dispute between the entity and its former CEO, Dr. Massaad, leading to a settlement agreement in 2016 negotiated by Massaad's friend Farhad Azima. On Tuesday, Gerrard gave evidence as a witness in the proceedings brought by RAKIA against Azima at London's High Court.
During his cross-examination, Gerrard he said he interviewed two detainees in a prison in RAK in relation to the investigation into Massaad.
The barrister cross-examining him said a report communicated to Gerrard revealed that Massaad and Azima were about to go public with allegations of human rights abuses in a prison that the skeleton argument says was orchestrated by Gerrard in RAK. The barrister added that the report further revealed that a "London law firm will be reporting Dechert to the authorities" in relation to that allegation.
Gerrard later said he had been reported to and investigated by U.K. regulator the Solicitors Regulation Authority and said the SRA found "no evidence to substantiate the claim", but he did not specify exactly what that related to.
Gerrard said the jails where his interviews took place were "more modern than the ones I have seen" and that he had "followed the process of PACE [the Police and Criminal Evidence Act] with the detainees", who had agreed in writing to being interviewed. According to Gerrard, the interviews took place in the presence of their respective lawyers and with their written agreement.
RAKIA says in its skeleton argument that Azima's claim relating to "Project Clay" is "absurd" a way to "divert attention from his own wrongdoing", as well as an attempt to "denigrating the Ruling family and Government of RAK, RAKIA and RAKIA's lawyers in the international media".
The entity added in its skeleton argument that "there is no evidence that human rights abuses of the sort [...] were in fact occurring".
Azima has also claimed in the filing that Gerrard "threatened" him of becoming "collateral damage" during a meeting taking place in July 2016. In court on Tuesday, Gerrard denied he had threatened him in any way.
RAKIA also denies that claim, stating in its skeleton argument that "no such threat was made" and that "Azima's account of the meeting is false."
RAKIA claims that Azima "obtained millions of dollars from it by a series of elaborate frauds carried out with the assistance of its former chief executive, Dr Khater Massaad".
The entity said in court filings that in March 2016, it had paid Azima $2.6 million through a settlement agreement in respect to one of those ventures.
But in August 2016, Azima's emails were hacked to reveal "bad faith and frauds by Mr Azima over a number of years" resulting in RAKIA bringing the claim against him, according to RAKIA's skeleton argument. Azima claims in his skeleton argument that RAKIA was behind the hack.
Gerrard denied having been provided access to Azima's illegally hacked emails by RAKIA during cross-examination.
RAKIA is represented by Hugh Tomlinson QC of Matrix Chambers instructed by Stewarts Law. Meanwhile, Azima is represented by Tim Lord QC instructed by Burlington Legal.
A spokesperson for Dechert said: "These are ongoing proceedings to which we are not a party and we have no comment to make."
The case continues.
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