Expenses

The court is invited to reserve expenses meantime. There could be issues relating to the scale upon which any award of expenses is made.

SUBMISSIONS for the PURSUER

(1) Evidence

Addinall

Colourful. But the court may want to treat his evidence with caution.

· He had a vested interest in the deal.

We know that he agreed to pay Brito $150,000 and it is a fair inference that he was in for more than that himself.

The company profile, 5/2 5/4 of process:

· Addinall passed it from Vakharia to Brito. The document was nonsense. He used it as a means of satisfying Brito's concerns about the deal.

· Bohn stated he had never seen the document till last week. I suggest that's unlikely, __ because it was recovered in McCreery's house in late June 2004 (undisputed). Bohn claimed this was a forgery, but that's plainly wrong because his partner had a copy at the time of the deal.

The court should have no difficulty in making a finding in fact that the 2nd defender in the furtherance of their fraud produced the company profile.

Bohn

In chief his evidence was fluid and, I submit,

· Was rehearsed.

· His body language in cross-examination was a clear indication that he was under pressure and telling lies. He was almost doubled up.

· He is a fantasist.

· The court has ample information on which to find that he was wholly incredible.

Two examples:

1. He accepted that the company profile was accurate, except for turnover. But by the end of cross-examination it was plain that most of the contents of that document were false. The notion that his company is drilling for oil in Yemen is fantastic.

2. Plainly, the 2nd defenders are insolvent, and have been since 2004. Despite that, Bohn would have us believe that they can do deals in billions. According to him, you can charter ships and buy oil without any cash.

I ask the court to discard Bohn's evidence completely. If the court does so, the 2nd defenders are in a very difficult position.

Brito

I ask the court to find him credible and reliable.

He accepted that he made a mistake and was clearly concerned about the effects of that mistake on Bosa. I submit that this was genuine remorse.

He got involved without really thinking of the consequences. In the cold light of day, making $300,000 in thirty days seems too good to be true.

Bosa

I ask the court to accept him as credible and reliable.

His evidence is unchallenged.

He merely acted on the advice of Brito and put up the money for the bond.

Thomas

He substantiated that McCreery was a good chap, __ which I found surprising for a solicitor. But McCreery did not give evidence.

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