Doubt About Integrity of the 'Legal Advice Note'

Serious questions arose as to the validity of a 'legal advice' note dated 23 June 1999. The note was originated, by Mrs Louise Withers, an FSB employee in the office of David Dexter, the then FSB National Secretary/Company Secretary.

Suspicious Circumstance

The note containing so-called 'legal advice', on unheaded paper, had been pulled from a 'back-pocket' by the then Regional Chairman Mr Douglas Evans, at the meeting of his regional committee. He presented the note to the committee as legitimate 'legal advice' from FSB solicitors Wallace, Robinson & Morgan of Solihull, West Midlands.

David Dexter Pleads Ignorance

David Dexter who was also in attendance at the meeting said he had nothing to do with the note. He said that he not been in his office and a member of staff in his office, Mrs Louise Withers, had dealt with the solicitor. Mrs Withers, he said, had forwarded the solicitor's advice to the Regional Chairman Douglas Evans who had asked for information.

Basis for Doubting the Integrity of the 'Legal Advice Note'

The purported legal advise implied that the FSB Birmingham Branch committee was constitutional, although the committee comprised four officers and two other members, when the Branch constitution required the branch committee to have a minimum of seven members.

The situation was made more untenable by the fact that there were more 'officers' than 'rank-and-file' members, and, two of the four officers, Don Anslow and Kate Anslow, were husband-and-wife. Furthermore there had been written allegations of improprieties in the financial management of the branch by the committee.

It was felt by Regional Secretary Hubert Taylor that no legitimate solicitor, in full knowledge of all of the facts, would have concluded that the position of the Birmingham Branch and its committee were constitutionally sound.

David Dexter Implicated

The available FSB documents showed that FSB Company Secretary and FSB National Secretary David Dexter, was implicated in alleged financial and administrative fraud involving the Birmingham Branch, Mr&Mrs Anslow, and the Staffordshire and West Midlands region of the FSB.

If the Birmingham Branch committee was declared unconstitutional a general meeting would have had to be convened to elect a new committee. In the circumstances it was possible that new officers would have been elected to the committee and that they might further expose improprieties.

It was therefore a reasonably contention that in collusion with staff in his office, David Dexter had to 'create legal advice' which supported his wishes in the matter. In any event it was suspected that David Dexter had not properly and fully informed FSB solicitors of the full facts of the matter.

Briefing To Solicitor Not Verified

On 24 June 1999 Hubert Taylor, as Regional Secretary, wrote to David Dexter asking for a copy of his letter dated 18 June 1999 by which he is reported to have briefed solicitor, Mr R P Hughes, of Wallace Robinson &Morgan.

David Dexter failed to provide a copy of that briefing letter.

Unreasonable Legal Legal Opinion

The timing, the manner and the style of presentation of the 'legal advice' on plain paper, (not FSB headed paper nor Wallace Robinson &Morgan headed paper), affirmed suspicision of collusion and complicity.

The foregoing and the association of David Dexter with alleged illegalities involving FSB Birmingham Branch, Mr & Mrs Anslow and others in the FSB Staffordshire and West Midlands region was irresistable