Findings

18.0 FINDINGS

For the sake of simplicity the 'Directions to the Investigating Officer' will be split into separate elements and the findings for each respective element will be shown accordingly. Each element will also, where appropriate, be accompanied (where appropriate) by further explanatory notes .

18.1 BACKGROUND

Before reporting on the individual elements of the 'Directions To The Investigating Officer' the following background information is provided:

•    The investigation has confirmed that NICHOLLS did indeed have contact with the media. His original contact with Tony THOMPSON appears to have been instigated by NICHOLLS who rang THOMPSON at his place of work (Time Out magazine). THOMPSON then visited NICHOLLS in police custody, apparently without the knowledge of any police staff.

•     Following this initial contact, THOMPSON approached his book publisher Warner Books with an idea for a book. A Memorandum of Agreement (dated 14th September 1996) was very quickly drafted and signed by all parties concerned, i.e. the publisher, THOMPSON, and NICHOLLS (using his pseudonym 'Ken Rugby'). The book at this time was going to be entitled "Np Way Out".

•    The agreed 'advance' for the book was as follows:

•    £7000 on signature of the agreement,

•    £6000 on delivery of the manuscript,

•    and £7000 on publication of the book.

•    THOMPSON states that he came to a "collaboration agreement" with NICHOLLS in which they both agreed that NICHOLLS would receive 50% of the first £10,000 received and then 75% of any subsequent payments. THOMPSON states that NICHOLLS received £3,500 of the first payment. He confirms that he told NICHOLLS he would never make much money out of the book, as they would have to sell "a great deal of books to make any serious amount of money".

. THOMPSON visited NICHOLLS at least a further five times in police custody and on at least one occasion at H.M.P. "BLANKED OUT" 'Alpha'. The weight of evidence indicates that THOMPSON did not visit NICHOLLS at H.M.P. "BLANKED OUT" 'Beta'.

•    Copies of NICHOLLS' custody record is appended to this report THOMPSON then approached Jeff POPE at London Weekend Television (L.W.T.) with the idea for a television programme. POPE indicated that he was interested and they discussed two programme ideas 1) a programme about NICHOLLS' life on the Witness Protection Scheme (which would be based on 'video diaries' recorded by NICHOLLS) and 2) a possible factual drama "based on the STEELE and WHOMES criminal case." They agreed that initially they would pursue the 'video diary' idea.

•    Both POPE and THOMPSON have emphasised that at this point the theme of the programme was intended to be the Witness Protection Scheme and not the Rettendon murders. In the words of POPE he states "It was intended that the programme was to focus on a person who was on the Witness Protection Scheme and it was never intended that it would in any way be about the Rettendon murders. I was not interested in any of NICHOLLS evidence; I was purely interested in the phenomenon of the Witness protection Scheme and the "supergrass".

•     L.W.T. then approached Channel Four Television, who agreed to broadcast the finished programme as one of their documentaries.

•    An 'Option Agreement' was drafted between L.W.T., THOMPSON and NICHOLLS (again using the pseudonym 'Ken Rugby'). This Option Agreement (which has the appearance of a letter) was basically a method of ensuring that THOMPSON and NICHOLLS did not go elsewhere with the programme idea. It bound them to L.W.T. for a period of six months (renewable for a further six months) in return for a fee of £2,500. This document signed by THOMPSON, NICHOLLS and a representative of L.W.T., Adam OLIVER, is dated 22nd May 1997.

•    A further contract, between the same parties, was also drafted and appears to have been signed at the same time. This is shown as Schedule One and is attached to the 'Option Agreement'. This document gives the finer details of the contract between L.W.T., THOMPSON and NICHOLLS.

•     In the contract is was agreed that:

THOMPSON would act as an 'Associate Producer' of the programme,

•    His services would include, inter alia, the "recording of 30 hours of [video diary] footage of [NICHOLLS] before, during and after [NICHOLLS] testifies at the murder trial."

. THOMPSON and NICHOLLS were also contracted to provide:

•    "Details, access and introductions to third parties who have information relating to the trial or relating to the circumstances surrounding the trial...

• .....co-operation with us in the making of the programme including (but not limited to) assisting in the preparation for the programme and attending meetings as and when required...."

•    The contract stated that THOMPSON and NICHOLLS would receive a 'Contributors Fee' - £5,000 and £15,000 respectively.

•    They would receive their fees as follows:

•    One third on signature

•    One third on Commencement of production

•    And one-third on completion of their services.

•    Tony THOMPSON also received an "Associate Producer Fee".

•    Even though the date is unclear, at some point POPE gave THOMPSON a small video camera that was then given to NICHOLLS for the purposes of recording his 'video diary'. (POPE appears to suggest that it was early on in his dealings with THOMPSON, but THOMPSON states that it was given to him after the Option Agreement was signed in May 1997).

•    NICHOLLS states that he recorded footage of his video diary after he was released from H.M. Prison "BLANKED OUT" 'Beta' and also whilst he was housed at Harlow Police Station before and during the trial of STEELE and WHOMES.

•    All parties concerned agreed that the footage was of very poor quality and was unlikely to be of any use during the making of any form of television programme.

[It should be noted that despite strenuous attempts made by the investigation team, copies of the 'video diary' tapes cannot be produced as they are thought to have been disposed of by L.W.T. a number of years ago. However, all the media witnesses have, where appropriate, made comment regarding their memory of the footage they viewed.]

18.2 POST TRIAL

•    In the summer of 1998 THOMPSON began the initial preparation for his forthcoming book during which he interviewed both Darren and Rachael NICHOLLS. These interviews, over a period of approximately twenty-five hours, were recorded on audiotape. The book eventually entitled Bloggs 19 was published in February 2000.

[It should be rioted that THOMPSON no longer has copies of the audio tapes, as he disposed of them once the manuscript for his book had been submitted]

•    Nothing more appeared to happen regarding the making of the programme until approximately May 1998 when following a change in their 'commissioning' staff Channel Four Television advised L.W.T. that they were no longer interested in continuing with the programme idea.

•    In October 1998, the BBC was approached by L.W.T. who subsequently agreed to commission L.W.T. to continue to produce the programme idea that they would then broadcast as part of their Inside Story strand. At this point a second 'Option Agreement', dated 1st October 1998, was signed by THOMPSON alone agreeing certain fees to be paid to him as an 'Associate Producer'. NICHOLLS was excluded from this agreement.

•    The programme was then produced as a documentary about the Rettendon murders and the appeal campaign by Jack WHOMES' family. NICHOLLS and his wife assisted in the making of the programme and were filmed by the makers at a rented house in the West Country and on a nearby beach.

•    On 3rd February 1999, the day of the proposed broadcast of the programme, NICHOLLS obtained a High Court injunction preventing its transmission, on the grounds that the footage could identify himself and possibly his wife. The offending footage was re-filmed using actors and the programme was eventually broadcast the following

18.3 August.

FEES PAID

PETERS, FRASER and DUNLOP (PFD), THOMPSON'S literary agents, state that the following fees and royalties have been paid to either THOMPSON or NICHOLLS:

18.4 PRETRIAL

•    On 7th October 1996, £3,500 was paid to THOMPSON as an "advance on signature fee" in relation to the proposed book "No Way Out".

•    On 7th October 1996, £3,500 was paid to NICHOLLS as an "advance on signature fee" in relation to the proposed book "No Way Out".

•    On 20th June 1997, a payment of £1250 was paid to NICHOLLS as an "Option Fee" in relation to the proposed TV programme "Supergrass".

18.5 POST TRIAL

•    On 17th February 1998, a payment of £2,500 was paid to THOMPSON as a "six month extension fee" in relation to the proposed programme.

•    Following the commencement of the filming of the Inside Story programme, the following payments were made to THOMPSON alone:

•    £4500 on 3rd November 1998 (signature)

•    £6000 on 3rd December 1998 (commencement)

•    £1500 on 3rd December 1998 (completion)

•    On 17th August 1998 a £6000 "Delivery Advance" was paid to THOMPSON by his book publisher.

•    Between February 2000 and October 2003, four separate royalty payments totalling £8408.44 were paid to THOMPSON alone by his publishers.

PFD have also stated the following:

•    [It is important to note] that all the payments made to THOMPSON would have been paid directly into his bank account. However, all payments made to NICHOLLS were paid by cheque to THOMPSON "who would be expected to complete the payment to RUGBY [NICHOLLS]". This is because they could have not written a cheque to Darren NICHOLLS (who had ceased to exist) or to Ken RUGBY who did not actually exist.

•    All of the above fees have a 10% commission charge and also VAT deleted from the figure.

TONY THOMPSON 18.6

In his statement THOMPSON states that he made the following payments to NICHOLLS:

•    £3500 from the initial advance on the book.

•    A further payment of £2000 when the manuscript was delivered in April 2000.

•    When THOMPSON received £2,500 from the Option Agreement he states "I cannot remember how much, if anything, NICHOLLS received from this fee. I think I just took him out for a meal. The reason for this is that out of the fee I would have to pay my agents commission and all the rest of my expenses. NICHOLLS and I had also agreed that, while he would naturally receive some monies at some point, as most of the video diary would be down to him alone, this initial payment represented my fee for arranging the deal."

•    When the Option Agreement was extended in February 1998, THOMPSON received another £2,500 from L.W.T. He states that on this occasion he did not give NICHOLLS any of the money.

•    During the production of the Inside Story programme he received a total of £12,000 from L.W.T., which he claims represented two thirds of the 'Contributors Fee'. Out of this figure he gave NICHOLLS a total of £9000.

•    THOMPSON confirms that he did not give NICHOLLS any money in respect of the revenue from sales of the book Bloggs 19.

18.7 NICHOLLS

NICHOLLS states that he received two cash payments from THOMPSON:

•    Between £800 and £2000 as an initial payment. He cannot remember the exact figure and when it was paid.

•    A second payment of £2000. He is more certain about the amount given to him by THOMPSON, but again cannot say when he received it.

[It should be noted that THOMPSON received the payments from PFD for what they considered as 'onwards payment' to NICHOLLS. However, it is obvious from the figures shown in the above section of the report that THOMPSON had his own interpretation of what NICHOLLS deserved and what he was prepared to give him.]