17/04/98 - IN THE SOUTHEND COUNTY COURT PATRICK BERNARD LAWSON KING

Deponent:
No. of Affidavit:
Date Sworn: 17/04/1998
Date Filed:

IN THE SOUTHEND COUNTY COURT CASE NO. BQ502578 BETWEEN:

CATHERINE RICHARDSON Plaintiff - and- GARY RUSSO AND LINDA RUSSO

Defendants AFFIDAVIT OF PATRICK BERNARD LAWSON KING

I PATRICK BERNARD LAWSON KING FORMERLY formerly known as Patrick Bernard Lawson O'Mahoney of 66 Druid Tower, Chipley Street, London SE14 6HH MAKE OATH AND SAY as follows:-

1.
I make this Affidavit on behalf of one of the two Defendants in the proceedings herein. Gary Russo. The facts to which I depose hereunder are true and, except where stated expressly to the contrary, are within my own knowledge and belief.

2.
Between 1989 and 1995 I was formerly employed as the head doorman of a nightclub known as Raquels which operated in Basildon, Essex. I also undertook other types of work about which I shall refer in greater detail below.

At this stage, however, I shall refer solely to "debt collection" work which I was regularly approached to undertake. I should say immediately that the service which I was asked to provide involved "persuading" individuals to repay debts without reference, for example, to the Solicitors or to the Courts.

It was in this context that I became involved with both Mr Richardson, the husband of the Plaintiff and with Mr Russo.

3.
My first contact with Mr Richardson was an indirect one. I was approached by one of the doormen working for me who suggested that I could help Mr Richardson to recover a debt from Mr Russo.

I was advised that Mr Richardson had approached some local "heavies" to intimidate Mr Russo into paying Mr Richardson monies which he had claimed were due to him from Mr Russo.

These "heavies" had approached the task in a ham-fisted and incompetent fashion: their efforts had apparently achieved nothing and, indeed, I was told that Mr Russo had reported the threats made against him to both the Police and to his legal advisers; the latter had in turn threatened injunction proceedings in respect of the harassment then faced by Mr Russo.

It was thought that I might deal with the matter in a more subtle fashion and with better prospects of success.

4.
I told my subordinate that I wished to meet Mr Richardson before taking any action on his behalf. Since it was explained to me that we could not meet Mr Richardson at his home, a meeting was arranged in the car park of the Crown Public House in Langdon Hills, Laindon.

I attended the meeting with my subordinate. The meeting took place a week or two before I met Mr Russo: I cannot be specific as to the exact dates.

5.
After the usual introductions were made, I learnt that Mr Richardson wanted to recover the sum of £4,500 from Mr Russo. I was told that the monies related to a transaction involving motor vehicles.

Mr Richardson handed to my subordinate various pieces of paper which my subordinate handed to me in turn. Two of those sheets are now produced to me marked "PBLK1".

I confirmed to Mr Richardson that I would seek to recover the monies due on his behalf.

6.
Very shortly after that meeting with Mr Richardson, I telephoned the number I had been given as the Russo's home telephone number. A lady describing herself as Mrs Russo answered the telephone.

When I told Mrs Russo why I was calling, she became angry and abusive. I terminated the call telling Mrs Russo that I would contact her husband at work.

7.
I visited Mr Russo's work place the day after my telephone call to his wife. My presence at his work place was clearly an embarrassment to him as it was intended to be. Mr Russo asked if we could discuss the matter during his lunch break and we duly agreed to meet at the Owl and Pussy Cat Public House which was situated nearby.

8.
When I saw Mr Russo at that lunchtime, I showed him the form of an "Agreement" which I had been given by Mr Richardson for him to sign. Mr Russo read the "Agreement" and stated that he was unhappy with the wording, particularly where it referred to cash payments being made.

Although Mr Russo was anxious, he did not at that time surrender to the demands being made by me on Mr Richardson's behalf. However, when I told Mr Russo that I knew where he lived with his family, he then became very distressed.

It was then that I discovered for the first time the degree to which one of his children was seriously ill. Mr Russo pleaded with me not to involve his family in the dispute with Mr Richardson. I recognised that Mr Russo was being genuine and I felt very sorry for him.

I immediately told him that he was to forget having seen me and I wanted no further part in the matter. In fact, I was angry that Mr Richardson had kept from me at our first meeting the information as to the degree to which Mr Russo's child was unwell. Mr Richardson had placed great importance upon impressing upon Mr Russo that life could be made very difficult for himself.

Apart from the reference in Sanders Witherspoon's letter there had been no mention made of Mr Russo's ill child albeit that there could no be doubt that Mr Richardson himself was aware of the true situation.

Had he told me of the seriousness of the situation from the outset, I would have refused to have become involved in the matter in any way at all.

9.
I notified to my subordinate that I was no longer prepared to act in the matter. I subsequently learnt that the "debt collection" has been assigned to other members of staff of the nightclub in which I was working.

I made it clear that they were not to become involved and the reasons why this should be the case.

10.
Thereafter I heard nothing further about the matter from Mr Richardson or from anyone else until late 1995 and early 1996 when I was questioned by Police Officers who were conducting a murder investigation into the death of a local and well known car dealer, one John Marshall.

I understood that Mr Russo had once had dealings with the late Mr Marshall. I advised the Officers about Mr Richardson's attempts to recover the debt alleged to be due to him and explained why I had not pursued the issue.

11.
So far as I was concerned, that was the end of the matter until Mr Russo made contact with me and requested that I gave evidence in these present proceedings. I agreed to do so. However, I should wish to stress that I had not previously had any dealings with Mr Russo and have only mot him on two or three occasions.

Except for my agreement to appear on his behalf as a witness, I have had no other dealings with Mr Russo of any