RICHARD WISEMAN, RETIRED ROYAL DUTCH SHELL PLC CHIEF ETHICS AND COMPLIANCE OFFICER. FORMERLY LEGAL DIRECTOR OF SHELL UK LIMITED. MR WISEMAN DEALT WITH THE JOHN DONOVAN/ DON MARKETING vs. SHELL LITIGATION ON BEHALF OF SHELL.
THREATS AND INTIMIDATION BY SHELL DURING PERIOD WISEMAN IN CHARGE OF SHELL UK DEFENCE
Letter from Shell solicitors DJ Freeman (AKA Kendall Freeman) challenging John Donovan to substantiate allegations about "Shell UK and its lawyers" having "bombarded my company and my family with threats over the years (verbally and in writing." : 21 May 1998
1ST EXAMPLE OF SHELL INTENT TO PREVENT EMBARRASSING INFORMATION FROM REACHING SHAREHOLDERS
Flawed Shell Make Money Game
2ND EXAMPLE OF SHELL INTENT TO PREVENT EMBARRASSING INFORMATION FROM REACHING SHAREHOLDERS
3RD EXAMPLE OF SHELL INTENT TO PREVENT EMBARRASSING INFORMATION FROM REACHING SHAREHOLDERS
High level April 1998 correspondence with Shell involving Richard Wiseman (see letter from Jyoti Munsiff - 6 April 1998
Reply letter from John Donovan to Mark Moody-Stuart: 14 April 1998
"Yet you are not prepared for the same information to be supplied, even on a confidential basis, to the people who actually own the company - your shareholders. Your decision to keep company members in the dark speaks absolute volumes. So much for the core principle of “openness”. When it comes to the crunch, covering-up a catalogue of misdeeds by Shell managers, despite incontrovertible evidence of flagrant breaches of the principles of honesty and integrity, apparently takes priority."
Link to "Unloveable Shell, the goddess of oil" Guardian article mentioned in the correspondence (takes time to load but well worth the wait)
UNDERCOVER ACTIVITY AGAINST THE DONOVAN'S IN THE PERIOD WISEMAN IN CHARGE OF DEFENCE CASE
A number of sinister characters suddenly came on the scene in a short period of time, including an American gentleman who arrived from overseas and tracked down and interviewed our key witnesses, falsely claiming to be a journalist for The European newspaper. Another undercover agent under the name of Christopher Phillips had been caught red-handed illegally opening private mail at our offices. The homes of our solicitor, a key witness and our own home were all burglarised in the run up to the Smart Trial and related documents examined. Shell denied any association with the burglaries and the intimidation of our witnesses.
Copies of a selection of relevant self-explanatory correspondence published below.
Letter to John Donovan from Shell solicitors, DJ Freeman: 16 June 1998
John Donovan letter to Richard Wiseman: 23 June 1998
Richard Wiseman letter to John Donovan: 24 June 1998
Richard Wiseman letter to John Donovan: 1 July 1998
If, nevertheless, the police wish to obtain any further information from my clients or from anyone involved in enquiries on their behalf, including Mr Phillips, then, as has been said on several previous occasions, the fullest of co-operation will be given.
Letter from Richard Wiseman to John Donovan: 9 July 1998
The activities of Mr Phillips have, of course, been admitted.
Letter to John Donovan from Shell solicitors DJ Freeman: 11 August 1998(confirms internal investigation by Shell)
Letter to John Donovan from Shell solicitors DJ Freeman: 26 October 1998 (Confirms an internal investigation by Shell)
Both items, the article by Wiseman and the Statement issued by his department were supplied to us following a SAR application to Shell under the Data Protection Act. Shell censored the content. Both items should have been supplied to us by Shell as part of the discovery process. They were unlawfully withheld from us and the Judge.
THE SMART TRIAL: AMBUSH, DECEPTION, ENTRAPMENT AND CONFLICT OF INTEREST
WITNESS STATEMENT OF SHELL UK LEGAL DIRECTOR: RICHARD MAX WISEMAN (Currently Chief Ethics and Compliance Officer, Royal Dutch Shell Plc): 13 April 1999
Report of Dr Audrey Giles, The Giles Document Laboratory: 28 June 1999
Clear from comments that Judge was hopelessly biased
Shell withheld the true terms of settlement from the Judge.
This is confirmed in an email sent to me by Mr. Wiseman on 17 June 1998
The first email at the top of a related email string. Please read them all.
As can be seen, at the time of making the above comments, the Judge was totally unaware that Shell had paid my legal fees and that I had received a secret payment.
The Judge thought I had surrendered when in fact it was the other way round.
Andrew Lazenby handwritten note recording plan to "Keep rejects holding as long as poss.": 23 October 1992
Andrew Lazenby Letter to companies he had already decided to reject. Marked "Confidential" to keep them within terms of a Shell confidentially agreement imposed on them. Seeks information under false pretences. Designed to keep them holding even though they had already been rejected as runners in the tender: 27 October 1992
Extracts from taped telephone conversations with Shell National Promotions Manager, Andrew Lazenby 92/94
Andrew Lazenby Email to Shell senior managers, Darren Messem (by 2007 a Royal Dutch Shell Vice President), David Watson, Frank Leggatt and Shell Retail Director, Ian Sutcliffe,: 4 November 1993
Tim Hannagan Email to Shell managers David Watson, Andrew Lazenby, Andrew Blazye (later a Global General Manager for a Shell division), Charlie Fox and J Freeman: 11 November 1993
NB: To answer your last point: My note of 25/10 is the official position, my note of 9/9 expressed a personal and pragmatic view of how to handle the problem' it is in fact illegal and is certainly unofficial, and if we were discovered then we will enforce the official legal position - which is that all volume must currently be rewarded with promotional points.
Andrew Lazenby transfers to offshore bank in May and June 1994
Andrew Lazenby records intent to "Set up personal business while @Shell 35 yrs = exit date": diary entry 25 July 1994
Andrew Lazenby records why he is a disgruntled Shell employee: diary extract 12 October 1994
("Past year PDP. Not enough credit for Hercules; Not enough credit for Christmas; handling of agencies; Opportunities/Solving problems") Diary littered with references to "Don Mhtg" as is evident from 12 October 1994 entries.
Threatening letter to John Donovan from Shell U.K. Managing Director David Varney: 21 October 1994
Correspondence with Shell solicitors Mackrell Turner Garrett: August 1995
We have no wish for Mr. Donovan to write to the ASA
Letter to Alfred Donovan from Jyoti Munsiff enclosing transcript of AGM public discussion between Alfred Donovan and John Jennings, Chairman Shell Transport & Trading Company PLC: 19 September 1995
Apology letter to John Donovan received from Dr Chris Fay, Chairman & Chief Executive, Shell UK Limited: 21 October 1996
Correspondence with Richard Wiseman confirming Shell senior executives, including Cor Herstroter, John Jennings, Mark Moody-Stuart, Chris Fay and all directors of Shell UK and Shell Transport were kept informed by Wiseman: April/May 1997
28 April 1997
14 May 1997
4 February 1998
Combined 28April/14May97 + 4Feb98 Wiseman Correspondence
John Donovan correspondence with Richard Wiseman (includes apology letter from Shell UK Chairman/Chief Executive, Dr Chris Fay): 20/21 May 1997
(Extract from Wiseman email: "The moral obligation which we have referred to in the past and in relation to which we said that the slate was wiped clean arose out of the termination of the Company's long standing relationship with you; not out of any particular claim. Accordingly, we feet that the slate remains wiped clean.")
Alfred Donovan letter to Sir Peter Holmes: 23 April 1998
Statement issued by Shell UK Limited: "Note Re: MR JOHN DONOVAN AND SMART: 14 April 1998
Letter from Shell solicitors DJ Freeman to Donovan solicitors Royds: 15 April 1998
Letter from Shell Solicitors DJ Freeman to John Donovan: 17 April 1998
Statement issued by Shell UK Media Relations headed "MR JOHN DONOVAN": 21 April 1998
(In April 1994 Shell UK paid Mr Donovan for a contribution to one forecourt promotion (called 'Make Money'), after it was established that he had some rights in respect of the development of the concept.)
Correspondence with Shell Chairman Mark Moody-Stuart in relation to The Guardian Newspaper, with Shell solicitors D J Freeman replying on his behalf: 14 September 1998
(During a meeting at Shell-Mex House on 10 September 1998 between an investigative journalist Simon Rines on behalf of the Guardian and Mr Richard Wiseman and Colin Joseph representing Shell, Mr Wiseman acted in material breach of the Funding Deed by handing Mr Rines a document containing details of the Funding Deed. Both sides tape-recorded the entire interview. Mr Rines retains a copy of his tape recording to this day.)
Leaflet distributed at Shell Mex House Sept/Oct 1998: WARNING DO NOT TRUST SHELL UK: Sept/October 1998
Shell Ethics Survey results mentioned in the leaflet, includes Marketing Week announcement: 24 September 1998
Alfred Donovan Correspondence with Shell UK Chairman and Managing Director, Malcolm Brinded: 18/27 January 1999
(Brinded confirmed: "I am familiar with the litigation relating to SMART and the background to this matter.")
Alfred Donovan correspondence with Maarten van den Bergh, President Royal Dutch Petroleum: 27/29 January 1999
Alfred Donovan correspondence with DJ Freeman Solicitors acting for Shell: 23/28 April 1999
(DJ Freeman threatening an injunction to prevent release of incriminating evidence to directors of Shell Transport)
John Donovan letter to Malcolm Brinded, Country Chairman, Shell UK Limited: 19 May 1999
Information sent to the Chairman of Shell Transport/ Group Chairman of Royal Dutch Shell, Mr Mark Moody-Stuart: 21 May 1999
(Mentions correspondence between Judy Moody-Stuart and Alfred Donovan initiated by her)
Alfred Donovan correspondence with Malcolm Brinded, UK Country Chairman, Shell UK Limited: 5/8 June 1999
WITNESS STATEMENT OF MIKE McMAHON 19 April 1999 supplied to Moody-Stuart and all directors of Shell Transport, also to Brinded and all directors of Shell UK Limited
WITNESS STATEMENT OF JOHN ARMSTRONG-HOLMES 19 April 1998 supplied to Moody-Stuart and all directors of Shell Transport, also to Brinded and all directors of Shell UK Limited
Armstrong-Holmes (currently Chairman of Notts County Football Club) gave evidence at the trial.
Cross Examination of John Donovan: 18 June 1999
Entrapment, fraud, deception, ambush.
Andrew Lazenby Shell Manager Witness Statement
Extract from cross examination of Roger Sotherton: 21 June 1999
Court room discussion between Mr Justice Laddie and Geoffrey Cox: 22 June 1999
("ambush" "dreadful trial")
Observations Mr Justice Laddie transcript pages 63/64: 22 June 1999
(...disappointed to see this trial continuing on Monday...)
Open correspondence settlement offer discussed by Justice Laddie and Geoffrey Hobbs QC: pages 4/5 of transcript: 29 June 1999
Settlement offer letter from Shell solicitors DJ Freeman to Alfred Donovan: 25 June 1999
Related correspondence between Shell solicitors DJ Freeman and Alfred Donovan: 25 June to 28 June
(confirms Donovan rejected Shell initial settlement offer and that Judy Moody-Stuart correspondence with Alfred Donovan was handed over to Mr Justice Laddie)
Extract from cross examination of Shell senior manager Frank Leggatt (pages 35 to 38): 29 June 1999
Extract from cross examination of Andrew Lazenby, pages 89 to 96: 1 July 1999
(Lazenby caught lying in relation to Armstrong-Holmes proposal)
Andrew Lazenby Cross Examination by Geoffrey Cox: Trial transcript pages 173 to 176 inclusive: 1 July 1999
(recollections dimly stirring of Sainsbury letter and Concept 4)
Andrew Lazenby cross examination covering his "close" relationship with Option One: 2 July 1999
JUDGE'S COMMENTS: As supplied by Smith Bernal Reporting Ltd Official Court Reporters: Tuesday, 6 July 1999
Fraudulent Practices at Shell condoned by Richard Wiseman and senior management
Emails from Richard Wiseman: 22 April 2004
John Donovan vs. Shell High Court Trial Index Page
Manuscript and Repudiation
Royal Dutch Shell/John Donovan DPA Index Page