| brian deer | THE WESTWAY CHARITY SCANDAL


Westway Development Trust: market forces cast cloud over property developer - 5/5

This research document will make little sense if you haven't read Brian Deer's Notting Hell from The Sunday Times of June 17 2001. In July 2002 the trust renamed itself Westway Development Trust. A Westway Development Trust index of materials is also available



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(L) UNANSWERED QUESTIONS

Despite Mr Bailey's brief helpfulness, xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx, the open window through which flew a company name slammed shut. Given the trust's failure to answer the simple question about the expired contract value to the trust [M2], Brian Deer has not dispatched the following list of queries which he intended to place before the trustees. He believes that a trust operating in accordance with the Charity Commission's guidance on openness - contained in the publication "Hallmarks of a Well-Run Charity" - would not only be willing to answer a trivial question about a past rent, but would welcome the opportunity to put to rest any unfounded allegations, suspicions or doubts.

[PARAGRAPH WITHHELD]

(a) How much money did the charity receive from the market concession during the period of the expired arrangements with Mr Nixon? Could you break this down by year as much as possible?

(b) Why was the contract never put out to tender prior to Brian Deer's intervention?

(c) What was the net financial gain resulting from the tendering process?

(d) Since the company through which the trust claims to have had a contract with Mr Nixon (Countrywide Corporation UK Ltd) only existed for two years and was struck off the register nine months before this year's tending process, did the trust have a succession of contracts before and after with different companies purporting to be the trading entity for Mr Nixon, or what?

(e) Did different companies or entities to the one(s) with which the trust had contracts for the market concession make rent or license fee payments to the trust? If so, what were they?

(f) Was there a written contract throughout the license period for this lucrative cash concession? Were there more than one? Can we see, it or them, as we have seen the expired contract with Mr Power for Subterania?

(g) Was the rent or license fee paid in cash at any time during the period Mr Nixon operated the market?

(h) Did the trustees ever inquire, prior to Brian Deer's confrontation with Mr Matland, how much money the charity was receiving from the very extensive trading operations outside its front door?

(i) Were any reports made by staff to the trustees prior to Deer's intervention identifying the likely income to Mr Nixon from the stalls outside their windows? Could we see them?

(j) What company or entity guaranteed the tender bid on behalf of Mr Nixon's newly-formed Westway Market companies? Did it supply audited accounts? If so, how extensive were these accounts (say in words, lines, pages etc)? What company carried out the audit?

(k) For which of Mr Nixon's companies were bankers references taken up in the tender process, or do you say they were taken up for Mr Nixon personally?

(l) What local charities or other sponsorship in the Royal Borough of Kensington & Chelsea did Mr Nixon claim to be involved in when he submitted his tender for the market contract in April 2001?

(m) Did Mr Nixon, his companies or associates ever make donations to charities suggested by staff or trustees of the North Kensington Amenity Trust, or to charities in which such persons had an interest?

(n) xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx?

(M) THEY MUST HAVE KNOWN

xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx,

[PARAGRAPH WITHHELD]

Having watched it all for years, the trust then renewed the deal with Mr Nixon. [And later took a leaf out of his book and changed its name to Westway Development Trust].

Brian Deer

19th July 2001

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