David Beaumont

BY EMAIL ONLY

8 September 2002

Stephen J Pinder

EAD solicitors

125-131 Picton Road

Liverpool

L15 4LG

Your ref SJP/ABH/P58124-1

Dear Mr Pinder,

My Claim against amicus –MSF

Thank you for your letters of 18 June and 28 August 2002.

You ask which assertions I claim I have made which led to my expulsion from the union.

I believe I have been expelled from the union over my two websites, www.rogerlyons.com and www.msfweb.org, because these sites contain, link to or publicise a significant number of assertions about illegal and ultra vires activity by the union and its officials. I also believe I have been expelled for my activities preparatory or incidental to making such allegations, including three complaints I have made to the Trade Union Certification Officer. I list below what I consider to be the main assertions. The list is not exhaustive:

• Making false annual returns to the Trade Union Certification Officer Mr Whybrew
• Deceiving the Trade Union Certification Officer Mr Whybrew and the union's accountants HW Fisher & Co.
• Theft of four cases of wine by the General Secretary Roger Lyons
• General Secretary Roger Lyons, and a number of other officials, received loans or advances on salaries to which they were not entitled.
• Unauthorised expenses by the General Secretary Roger Lyons, use of a union-reimbursed credit card to pay for personal and family expenditure on meals, groceries, alcohol, holiday travel and dining, electrical goods, books and other items
• Un-receipted expense claims by the General Secretary Roger Lyons
• Misuse of chauffeur and company car by the General Secretary Roger Lyons
• Fraud by the General Secretary Roger Lyons
• General Secretary Lyons and Head of Finance Nelson Mendes attempted to disguise the above until they were compelled to admit it.
• Over £900,000 of union funds was spent by MSF in trying to cover up these loans and expenses
• Unlawful removal of £100,000 of MSF funds
• National Executive Committee members shirked a duty of care in regard to the funds and property of the union, making themselves unfit for office
• Failure by the National Executive Committee to properly scrutinise the activities of General Secretary Roger Lyons
• A general assertion of corruption within the organisation
• Secret bank accounts held by the union
• Theft of £10,000 a year by the MSF Head of Finance, Nelson Mendes
• Fraud by MSF Head of Finance, Nelson Mendes
• Corruption and conspiracy by unnamed MSF officials in covering up Head of Finance Nelson Mendes’ theft from the union
• Authorisation by the General Secretary Roger Lyons and Assistant General Secretary John Chowcat of Nelson Mendes' false expense claims
• A cover up by National Executive Committee member John Gardner in obstructing auditors access to Head of Finance Nelson Mendes' private bank accounts
• A cover up perpetrated by National Executive Committee member John Gardner in obstructing auditors’ access to MSF bank account information
• Maintenance of 234 union bank accounts not listed with MSF’s bankers
• Permitting MSF cheques to be made out to "cash" allowing persons unnamed to withdraw £8,500 in used notes from a bank.
• Permitting and honouring MSF cheques signed with merely a single 'N'
• Unaccounted for monies of up to £232,409 in the running of the National Executive Committee
• Pension top up payments to Anne Gibson, Larry Brooks and Tony Whiteley, of up to £200 000, without the approval of the pension trustees
• Election rigging in the 2001 Women’s National Executive Committee election
• Breach by the General Secretary of MSF policy regarding privatisation of the Health Service
• Breach of conference instruction re secret payouts and attempting to impose a confidentiality agreement on Full Time Officer Joe Bowers
• Breach of Annual Conference policy on secret payouts in the case of John Howell
• Rigging of the membership figures
• Using corrupt measures and arguments to push through the merger with the AEEU union
• Rigging the figures from the consultative ballot for the merger with the AEEU union
• Breach of the 2000 annual conference prohibition on the National Executive Committee from balloting members on the formation of the new union.
• Breach of the 2000 annual conference instruction to the National Executive Committee to renegotiate the Instrument of Amalgamation
• Exceptional failure by the National Executive Committee to carry out its duties properly re witch hunts
• Misconduct by the National Executive Committee which has brought the union into disrepute re witch hunts.
• Vindictive and malmalevolent icious harassment of the Secretary of MSF London Region Hugh MacGrillen despite his ill health
• A corrupt relationship between MSF and MSF National Executive Committee member John Gardner involving misuse of at least £2,000 of MSF funds
• Asserting that General Secretary Roger Lyons and the National Executive Committee breached Rule 14(c) and Rule 17(b) of its rule book with regard to National Executive Committee member Dr Sue Michie
• Asserting that General Secretary Roger Lyons and the National Executive Committee breached rules 17(a) (iii), 17(b)(iii) 17b)(vii) regarding my Appeal.
• Withholding by the General Secretary Roger Lyons and National Executive Committee members Bob Braddock and Leonie Cooper, of complaints made against me
• Conducting a secret investigation into my activities
• National Executive Committee member Bob Braddock deliberately prevented the holding of my disciplinary hearing
• Withholding to this day of the report of the MSF investigation panel which resulted in my expulsion
• Breach by Mr Alex McKenna of rule 16(c) - investigation by General Secretary Lyons’ branch into my branch’s complaint against Mr Lyons
• Breach of natural justice by the National Executive Committee and Ms Leonie Cooper in allowing her to be present as a voting National Executive Committee member during my hearing despite her having lodged two personal complaints about me
• Cynical use of the anti-Semitism libel to deny me the protection afforded by MSF rule 16

You ask me to confirm details of the alleged requirements which have been broken in terms of the Union’s rulebook, other agreements or the law:

Unions rule book:

MSF Rules 14(c), 17(a) (iii), 17(b) (iii), 17 (b) (vii), 17(b) (viii), 18(b), 18(e) twice, regarding my appeal against suspension from the union.

MSF Rule 30 and Appendix C (Ms Coopers website was financed, hosted and set up by the union)

MSF Rule 30 and Appendix C (Glossy brochure sent out in support of Ms Cooper in breach of rule)

MSF Rule 30 and Appendix C (mailings sent out by the union supporting Ms Cooper)

MSF rule 43 circulation of material

MSF rule 14(c) defalcation of funds

MSF rule 15(a) actions detrimental to the union

MSF rule 15(d) misappropriation of funds

MSF rule 16(a)(1),(ii),(iii),(iv) grounds for removal from office

MSF rule 34 (a) Functions of the National Executive Committee

MSF Rule 48(g) control of funds

MSF rule 38(h) authorised withdrawal of funds

MSF rule 48(i) National Executive Committee power to make payments

MSF rule 48(k) payment of expenses

MSF rule 47(a) efficient working of the union

MSF rule 47(c) neglect or incompetence

MSF rule 48 (e) GS ability to withdraw funds

MSF rule 48(g) control of funds

MSf rule 38(h) authorised withdrawal of funds

MSF rule 48(k) payment of expenses

MSF rule 56 Inspection of books

MSF rule 16(b) suspending Mr F Cammock and Mr K Doherty

17(a)(iii) appeal under rule 17(a)(ii) from Mr F Cammock and Mr K Doherty

MSF rules 3(d) and 16(b) in suspending Mr F Cammock and Mr K Doherty

MSF Rule 14(c) and Rule 17(b) in regard of National Executive Member Dr Sue Michie

MSF rules 17(a) (iii), 17(b)(iii) 17b)(vii) in regards my suspension.

MSF Rule 16(c) branch investigation

MSF Rule 47 (c) incompetence by a full time officer

MSF Rule 16(c)

Other agreements

Breaches of MSF Annual Conference policy

Breaches by General Secretary Lyons and Head of Finance Nelson Mendes

of their contract and terms of employment

Breaches of natural justice re Ms Leonie Cooper

Breaches of MSF Pension arrangements
Breaches of MSF HR policy, internal policy, official union policy and good practice

Breaches of the Objects of the union.

The Law

Criminal Justice Act 1988 and other laws regarding conspiracy, fraud, theft, perversion of the course of justice, perjury (apologies I do not know the relevant Acts)

Trade Union and Labour Relations Act 1992 Section 48(3)(a) (Ms Coopers web site address included with the ballot papers)

Trade Union and Labour Relations Act 1992 Section 48(3)(b) (Ms Cooper exceeded the unions 200 word limit)

Trade Union and Labour Relations Act 1992 Section 48(6) (Ms Cooper was allowed other material not previously determined by the union)

Trade Union and Labour Relations Act 1992 Section 24 (duty to maintain register of members' names and addresses)

Trade Union and Labour Relations Act 1992 Section 32A (3) (recording benefits paid out to the General Secretary and the National Executive Committee)

Lastly you ask me to specify which statutory provisions I rely upon in bringing my claims:

Trade Union and Labour Relations Act 1992 section 65(1) and 65(2) (c) and (d)(ii) and 65 (4)

I wish to add that there are certain documents which I require your clients to disclose to me. By not yet having had access to such documents (which have been repeatedly requested from MSF), I may not have been able to fully answer your requests above. I list the documents below. Please would you confirm by return whether or not these will be released to me so that I may prepare, if necessary, an application for an order for disclosure.

i) The report of the Amicus MSF Disciplinary panel meeting of 21st February 2002

ii) The minutes of the National Executive Committee meeting of 23rd February 2002

iii) The report from National Executive member Lucy Anderson that was presented to the General Purposes and Finance Committee meeting of 30th August 2001 (point 1 of the MSF Disciplinary panel report)

iv) The minutes of that General Purposes and Finance Committee meeting on 30th August 2001 (point 1 of the Disciplinary panel report again)

v) Minutes of the disciplinary panel meeting of 18th October 2001 (point 2 of the Disciplinary panel report)

vi) The Secretary’ies letter of 24th October 2001 (point 3 of the Disciplinary panel report)

vii) All the complaints submitted about me, specifically Leonie Cooper’s first complaint and the complaint of racism, both of which I have never seen.

viii) Copies of the specific web pages/allegations that were being complained about (point 3, 13(1-3), 14(1-3), 15(2-4), 16(3) of the Disciplinary panel report)

ix) Copy of the full Fisher audit report into corruption at MSF including all appendices

x) Copy of the full Fisher Forensic report into the theft of £10,000 a year by the union's Head of Finance including all appendices

xi) A breakdown of the costs of running the National Executive Committee including expense claims (not just loss of earnings) by General Secretary Roger Lyons and National Executive Committee members Bob Braddock and Leonie Cooper.

Yours sincerely

David Beaumont