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| Stobart lorry chief faces contempt trial | Stobart lorry chief faces contempt trial |
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| The chief executive of Stobart Group, one of Britain's biggest trucking companies, will go on trial for contempt after a whistleblower partially won a high court case against him and another executive. | The chief executive of Stobart Group, one of Britain's biggest trucking companies, will go on trial for contempt after a whistleblower partially won a high court case against him and another executive. |
| Andrew Tinkler and Trevor Howarth, Stobart Group's legal director, may have lied in order to silence Peter Elliott, a former contractor in an aviation company owned by Tinkler, a judge ruled on Thursday. | Andrew Tinkler and Trevor Howarth, Stobart Group's legal director, may have lied in order to silence Peter Elliott, a former contractor in an aviation company owned by Tinkler, a judge ruled on Thursday. |
| The case comes at a time of turmoil for the company, which owns other businesses including Southend airport. On Wednesday night Investec, its senior City broker, resigned following the ousting last week of Avril Palmer-Baunack, Stobart's executive chairman. She lost her position in a boardroom shake-up after only 71 days in the job. The company said it had decided the role of executive chairman was no longer appropriate, an "odd explanation" according to one analyst. | The case comes at a time of turmoil for the company, which owns other businesses including Southend airport. On Wednesday night Investec, its senior City broker, resigned following the ousting last week of Avril Palmer-Baunack, Stobart's executive chairman. She lost her position in a boardroom shake-up after only 71 days in the job. The company said it had decided the role of executive chairman was no longer appropriate, an "odd explanation" according to one analyst. |
| Last year Howarth masterminded the Stobart empire's controversial move into the legal aid market, setting up Stobart Barristers, a cut-price service which connects businesses to barristers without having to go through a solicitor. | |
| Elliott, who turns 46 on Friday, was sentenced to three months in jail in June 2009 after breaking an injunction brought against him by various Stobart parties. | Elliott, who turns 46 on Friday, was sentenced to three months in jail in June 2009 after breaking an injunction brought against him by various Stobart parties. |
| The high court in Manchester heard that he had tried to kill himself on several occasions following his prison experience. | The high court in Manchester heard that he had tried to kill himself on several occasions following his prison experience. |
| He complained he had been the victim of "an orchestrated smear campaign" which "made me look like a scrote". Ever since his release Elliott has sought to challenge his conviction by proving that Stobart executives lied in order to persuade a judge to impose the gagging order in late 2008. | He complained he had been the victim of "an orchestrated smear campaign" which "made me look like a scrote". Ever since his release Elliott has sought to challenge his conviction by proving that Stobart executives lied in order to persuade a judge to impose the gagging order in late 2008. |
| On Thursday the judge, Mr Justice Pelling, QC, ruled there were five instances where Tinkler may have lied and two occasions when Howarth may not have told the truth. | On Thursday the judge, Mr Justice Pelling, QC, ruled there were five instances where Tinkler may have lied and two occasions when Howarth may not have told the truth. |
| He dismissed 15 other allegations of contempt made by Elliott, including a number against another executive, William Stobart, the youngest son of the firm's founder, Eddie Stobart. | He dismissed 15 other allegations of contempt made by Elliott, including a number against another executive, William Stobart, the youngest son of the firm's founder, Eddie Stobart. |
| His judgment did not apportion any guilt, he stressed, but merely ruled that "a sufficiently strong prima facie case" had been established for him to send the seven allegations to a civil trial for contempt. | His judgment did not apportion any guilt, he stressed, but merely ruled that "a sufficiently strong prima facie case" had been established for him to send the seven allegations to a civil trial for contempt. |
| Tinkler is not only the firm's chief executive but also brother-in-law to William Stobart. Between them they hold 12% of the group. Neither Tinkler, Howarth or Stobart were in court. Tinkler and Howarth later issued a statement via a PR agency saying: "We are confident in the judicial process in which we both expect in the fullness of time to be exonerated. " | Tinkler is not only the firm's chief executive but also brother-in-law to William Stobart. Between them they hold 12% of the group. Neither Tinkler, Howarth or Stobart were in court. Tinkler and Howarth later issued a statement via a PR agency saying: "We are confident in the judicial process in which we both expect in the fullness of time to be exonerated. " |
| Speaking after the hearing, Elliott said: "This is an important victory on the road to justice. I am an honest whistleblower who wanted to expose something that I believed was in the public interest and I ended up in jail. Even now I cannot yet tell the full story. | Speaking after the hearing, Elliott said: "This is an important victory on the road to justice. I am an honest whistleblower who wanted to expose something that I believed was in the public interest and I ended up in jail. Even now I cannot yet tell the full story. |
| "I believe that today is a victory for all whistleblowers by sending out a message that our justice system will scrutinise those giving evidence to get gagging injunctions as well as those seeking to expose wrong-doing." | "I believe that today is a victory for all whistleblowers by sending out a message that our justice system will scrutinise those giving evidence to get gagging injunctions as well as those seeking to expose wrong-doing." |
| The full circumstances surrounding the original injunction still cannot be reported fully. But the judge said in his ruling that Elliott had been gagged in order to stop him airing allegations about the allegedly unlawful activities of WA Developments International (WADI), a firm owned by Tinkler which ran Carlisle and Southend airports. | The full circumstances surrounding the original injunction still cannot be reported fully. But the judge said in his ruling that Elliott had been gagged in order to stop him airing allegations about the allegedly unlawful activities of WA Developments International (WADI), a firm owned by Tinkler which ran Carlisle and Southend airports. |
| Elliott, an experienced helicopter pilot, worked as a pilot and consultant for WADI from May 2005 until March 2007, when the relationship broke down in what the judge described as "circumstances of great acrimony." | Elliott, an experienced helicopter pilot, worked as a pilot and consultant for WADI from May 2005 until March 2007, when the relationship broke down in what the judge described as "circumstances of great acrimony." |
| The judge said: "Elliott maintains that he was forced to resign because, he alleged, WADI were conducting unlawful flying operations by permitting aircraft owned by it to be chartered to other companies with which WADI was linked, being primarily companies within the Stobart group." | The judge said: "Elliott maintains that he was forced to resign because, he alleged, WADI were conducting unlawful flying operations by permitting aircraft owned by it to be chartered to other companies with which WADI was linked, being primarily companies within the Stobart group." |
| In a statement a spokesman for Stobart Group said: "We have no comment to make as this is a matter for Andrew and Trevor, and for WA Developments, and does not directly involve Stobart Group". | In a statement a spokesman for Stobart Group said: "We have no comment to make as this is a matter for Andrew and Trevor, and for WA Developments, and does not directly involve Stobart Group". |
| Both men plan to appeal against Thursday's ruling, their spokesman said. | Both men plan to appeal against Thursday's ruling, their spokesman said. |