Former Chesterton chairman Mohammad Jafari-Fini will appeal a high court ruling that he bribed his backer.
Last week, the Court of Appeal granted Jafari-Fini permission to challenge the January decision that he paid £150,000 to former Resurge managing director Jamie Constable to ensure support for his Chesterton takeover.
The court said it was “uneasy” with the ruling and has agreed to re-examine the case an unusual result, since appeals are normally allowed only on issues of law.
Appeal court judge Sir Andrew Morritt said the high court made its decision without calling Constable to give evidence and despite being sceptical about evidence from joint managing director Jonathan Rowland, who was present when the payment
was made.
David Sears QC will act pro bono for Jafari-Fini in the appeal, which is likely to take place early next year.
Jafari-Fini, who was ousted six months after taking over Chesterton in June 2003, denies that the payment to Constable was a bribe in breach of his £12.9m loan facility from Resurge.
He said: “Hopefully, this is the beginning of the end for me with regard to Chesterton. I have always wanted to clear my name and show that I never defaulted on the loans.”
But Graham Robeson, his successor at Chesterton, which collapsed last year, said: “The only reason the court allowed him to appeal is because of the serious nature of the judgment against him.”
References: EGi News 24/07/06
