Friday 31 August 2012

Abramovich wins biggest private court case in history

Roman Abramovich has won his $6.5bn legal battle with his former mentor and business partner, in the biggest private court case in British legal history.

The Chelsea FC owner, one of the richest and most private men in the world, was accused of black-mailing Boris Berezovsky into selling his interests in the oil company and aluminium conglomerate they founded together at a knock-down price.

Mr Abramovich in turn, accused Mr Berezovsky of extorting money from him for political influence and claimed he had paid him $1.3bn to buy his freedom when Mr Berezovsky fell out of favour with Russian president Vladimir Putin.

Mrs Justice Gloster said that because of the nature of the factual issues "the case was one where, in the ultimate analysis, the court had to decide whether to believe Mr Berezovsky or Mr Abramovich".

She said that because "both the Sibneft and the RusAl claims depended so very heavily on the oral evidence of Mr Berezovsky, the court needed to have a high degree of confidence in the quality of his evidence".

The judge added: "That meant confidence not only in his ability to recollect things accurately, but also in his objectivity and truthfulness as a witness." She announced in a lengthy summary of her judgment: "On my analysis of the entirety of the evidence, I found Mr Berezovsky an unimpressive, and inherently unreliable, witness, who regarded truth as a transitory, flexible concept, which could be moulded to suit his current purposes.

"At times the evidence which he gave was deliberately dishonest; sometimes he was clearly making his evidence up as he went along in response to the perceived difficulty in answering the questions in a manner consistent with his case; at other times, I gained the impression that he was not necessarily being deliberately dishonest, but had deluded himself into believing his own version of events.

"On occasions he tried to avoid answering questions by making long and irrelevant speeches, or by professing to have forgotten facts which he had been happy to record in his pleadings or witness statements.

"He embroidered and supplemented statements in his witness statements, or directly contradicted them."

The judge said "the burden of proof was on Mr Berezovsky to establish his claims".

She referred to his "lack of credibility as a witness".

The judge said she had concluded that "in the absence of corroboration, Mr Berezovsky's evidence frequently could not be relied upon, where it differed from that of Mr Abramovich, or other witnesses".

She added: "I regret to say that the bottom line of my analysis of Mr Berezovsky's credibility is that he would have said almost anything to support his case."

Announcing that she found Mr Abramovich to be a truthful and reliable witness, the judge said she rejected the "serious allegations" that he was a thoroughly "dishonest and cynical witness" who deliberately called witnesses whom he knew would give "as they were intended to do, thoroughly untrue evidence designed only to mislead the court".

The judge added: "Neither the evidence, nor my analysis of it, supported that allegation.

"Likewise I reject the allegation that he manipulated the trial process or engaged in improper collusion with his witnesses, or was part of a 'smears and innuendo' campaign."

The judge also ruled that Mr Abramovich did not make either express or implied threats to Mr Berezovsky with the intention of intimidating him to dispose of his alleged interests in Sibneft.

Boris Berezovsky is expected to take the case to the Court of Appeal.

In a year-long case that became highly personal, one of Mr Abramovich’s associates even accused Mr Berezovsky of sending a threatening text message to a potential witness, signed “Dr Evil”, the pantomime villain from the James Bond spoof films, Austin Powers. The message was never produced.

Mr Abramovich’s lawyers also accused Mr Berezovsky of “truly prodigious powers of self-deception” and giving evidence coloured by his “vanity and his self-obsession.”

They claimed that Mr Berezovksy was an “angry and embittered man” of “remarkable vanity and self-importance” which was “aggravated by a highly personal resentment of Mr Abramovich.”

“Large parts of his evidence can only be described as mendacious and dishonest,” they said in submissions to the court.

“He believes that Mr Abramovich has supplanted him in a position which is rightfully his and that he has acquired a sort of political influence under President Putin which he once enjoyed under a very different regime of Boris Yeltsin.”

Mr Berezovsky was once a “classic power broker” and one of the most influential oligarchs in Russia but the relationship was founded on krysha - political protection – and “the activities of a krysha or protector are inherently corrupt,” Jonathan Sumption QC, for Mr Abramovich, said in a written statement.

Mr Berezovsky "thought he had personally created Mr Abramovich out of nothing and put him in a position where he had only to sit there for vast sums of money to flow into his lap,” he added.

Laurence Rabinowitz QC, for Mr Berezovsky, had told the court that the two men had worked together during the Russian privatisation sales in the mid-1990s that followed the fall of communism to acquire an asset that would make them “wealthy beyond the wildest dreams of most people.”

In the process they “became and remained good friends” he said, but they fell out when Mr Berezovsky, who had adopted a high political profile in Russia through his control of a television station called ORT, fell foul of the Kremlin and was forced to leave the country and seek asylum in Britain.

The television channel had run a number of stories criticising Mr Putin for the failure to rescue 118 Russian sailors from the sunken nuclear submarine, the Kursk.

That, he said left Mr Abramovich in a position where he was “in effect required to make a choice - to remain loyal to Mr Berezovsky, his friend and mentor and the person to whom he owed his newly acquired great fortune, or instead, as we submit, to betray Mr Berezovsky and to seek to profit from his difficulties.”

“It is our case that Mr Abramovich at that point demonstrated that he was a man to whom wealth and influence mattered more than friendship and loyalty and this has led him, finally, to go so far as to even deny that he and Mr Berezovsky were actually ever friends,” he added.

The case rested on a number of key meetings at the end of 2000 in which the two men and a third partner, Badri Patarkatsishvili, a Georgian businessman who died at his Surrey mansion three years ago from a heart attack, discussed transferring their assets to the West.

Security men working for Mr Patarkatsishvili secretly recorded the first meeting at Le Bourget airport near Paris and Mr Berezovsky later bought the tape for $50m.

At the second meeting, at Mr Berezovsky’s chateau near Cap D’Antibes in France, Berezovsky claimed that Mr Abramovich told him the Kremlin would remove his TV station from him if he did not sell it and prevent the release from jail of a close friend of Mr Berezovsky.

Mr Abramovich claimed there was no such meeting and the pair actually met at the French ski resort of Megeve a few weeks later and agreed to a $1.3bn pay-off.

In a last snub to Mr Berezovsky, Mr Abramovich allegedly sold his 25 per cent share of the company Rusal, the Aluminium conglomerate, for £1bn, to Oleg Deripaska, an oligarch with ties to both George Osborne, the shadow chancellor and Peter Mandelson, the former Labour spin doctor.

The sale meant Mr Deripaska owned 75 per cent of the company and Mr Berezovsky and his partner were forced to accept just £289m for the remaining 25 per cent.

Oliha: Dont Underrate Liberia

Former Nigeria international, Thompson Oliha, has charged the Super Eagles to try and avoid defeat in the first leg of the 2013 Africa Cup of Nations qualifier against the Lone Star of Liberia in Monrovia on September 8.

“One thing that one should take into consideration is that there are no more small countries in football anymore, so my expectation is that we get at least a draw; we must not lose that game,” the 1994 Cup of Nations winner in Tunisia told Complete Sports.

Oliha went on to commend coach Stephen Keshi on the 11 foreign-based players invited for the game, and also bared his mind on the movement of Nigerian players in the transfer market.

“I believe it’s a good thing the coach has done because we can’t toy with our matches- especially the game against Liberia. We need the best legs to prosecute the game, and I think the coach has done so well.”

Speaking on the European transfer market as it concerns the Nigerian players, he said:

VICTOR MOSES FIRST CHELSEA INTERVIEW: I’M READY TO PLAY ANYWHERE

The 21-year-old was sat down with the official Chelsea website for this first interview…

Your possible transfer to Chelsea was in the news throughout the summer. It must be good to have your future settled now.

When I first heard that Chelsea had come in for me I was surprised, but I had a call from my agent saying they were really interested in me and what did I think. I said they are the European champions and anyone would like to play there and now that everything is sorted, I am delighted to be here.

I am happy to come back to London as I grew up here and it is a great honour to play for the club that won the Champions League.

You’ve decided to join a squad with a lot of competition for the attacking places in the side.

There are a lot of world-class players here and I am here to do my best for the team and to help them win more trophies. The club has done well for the past few years, they have achieved a lot, and for me to be able to play with these world-class players, I am delighted to be here.

How did the opening day fixture go for you when Chelsea played up at Wigan?

I thought I did alright. It took me a while to get into the game but in the second half we came at Chelsea - but that is in the past now. I was a Wigan player then and I am a Chelsea player now.

You managed to go past the Chelsea full-backs during the match.

We all know Ashley Cole is one of the best left-backs in the word and he is a consistent player, so if I go past him I am happy because he is a great player.

You arrive with a reputation for being versatile. Please give a short history of the positions you have played.

Growing up I used to play centre-back in a Sunday league team but I had the feeling I could play further forward.
When I was scouted by Crystal Palace I started playing in centre-midfield. Then I ended up playing as a striker, left wing, on the right - everywhere really. I went to Wigan to play left wing mainly but then the manager saw the way I was playing and he mostly used me on the right. Last season I played more on the right but sometimes on the left.

I can also play up front or behind the striker, I can play anywhere up front. I’m comfortable wherever the manager wants to play me.

Roberto Di Matteo has highlighted your dribbling ability.

That is one of my strengths, I love getting the ball and going past defenders. You don’t want defenders tackling you all the time when you get the ball, you need to make them work hard, and that is what I love doing.

When you were at Whitgift School in Croydon, you were taught football by Colin Pates (pictued below), a popular captain of Chelsea in the 1980s. How was that experience?

He is a great man. He always used to talk to me and tell me about when he used to play and how I needed to be more professional about my football. He is a person you can call on and he will advise you in the right way. When we played with the school team he used to teach us all about movement and finishing and he was great to work with. We won a national school tournament when he was our manager.

Growing up around in the Norwood area of south London, the Crystal Palace academy must have been a natural place for you to develop.

It was easy for me after training to go home. It was nice playing for Palace. There were a lot of Chelsea fans around there and Palace were playing in the Championship so all I used to hear when I was little was Chelsea, Chelsea! I didn’t know then that one day I would be playing for them.

You moved to Wigan midway through the 2009/10 season.

When the season first started we were doing pretty well, fighting for a play-off spot for the Championship. Then we heard the club was going into administration, that is when Wigan came in and Palace hadn’t a choice but to sell me.

Do you know anyone at Chelsea already?

I know quite a few. I used to play with Ryan Bertrand and Daniel Sturridge for England Under 19s, Under 20s, Under 21s. I know Ashley Cole and Michael Essien and Mikel I know from playing for Nigeria. It is good to see everyone here and it is a lot easier for me.

For Nigeria I have games coming up against Liberia and I am looking forward to them. They are home and away and whoever wins will qualify for the Africa Cup of Nations in January.

Do you have a message for the Chelsea fans?

I just want to say to the fans to sit tight, there is more to come from Victor Moses and I hope to do my best for the club and that there are more trophies to come in the future.

Via Chelseafc.com

UNFAIRLY LANCED

The US Anti-Doping Agency finally stripped Lance Armstrong of his record seven Tour de France wins and handed him a lifetime ban for cheating.On the other hand, the fall from grace cyclist is of the view that the decision to give up the fight against the charges is not an admission of guilt

SUPERMAN CAUGHT DOPING?
Anyone who can watch a film of Pele dummying the goalkeeper in the Mexico World Cup or Muhammad Ali beating Foreman in Zaire — anyone who can watch those things without tears in their eyes, without being moved in the same way as they are by a work of art is a philistine — there’s no other word for them. — Geoff Dyer in The Colour of Memory


EVEN more than the jaw-droppingly beautiful game of Roger Federer, the Michelangelo of tennis, even more than the gasp-inducing perfection of a Nadia Comaneci on the horizontal bar, even more than the bewitching beauty of a Shane Warne’s wizardry, it is raw courage in the face of extreme adversity that often moves you to tears in the world of sport.


For a long time, nothing brought tears to my eyes as readily as did Lance Armstrong’s story, his epic battle with cancer and his subsequent record-breaking conquest of an event, the Tour de France, that tests a man’s endurance much more than any other sporting spectacle. The American’s achievements seemed to be imbued with an emotional resonance unmatched in the world of sport. He became a universal symbol instead of being yet another great champion.


SHATTERING
But the recent turn of events — with the U.S. Anti-Doping Agency stripping Armstrong of his seven Tour titles following the champion cyclist’s decision not to challenge USADA’s doping allegations against him — have left me a shattered man. Somehow, I personally feel cheated after having wasted all those emotions on a man who may have been nothing more than a chemically-boosted uber-champion at best, and one of the greatest frauds in the history of modern sport, at worst.


And the tears I shed now are as much because of the moral outrage that I feel as because of memories that I hold of cancer victims I have interacted with; men and women who saw in Armstrong a hugely inspirational figure whose life helped them embolden themselves in their own fight against a disease that still seems to be a mystery to the best of science.


“You know, I am going to do an Armstrong,” said my dear friend and cricketer T. E. Srinivasan — who finally lost his courageous battle with malignant brain tumour two years ago. We were sitting at the pavilion of the Madras Cricket Club and talking everything but cricket.
I am glad T.E. did not live to see the shaming of his idol. He would have been devastated.


HALL OF SHAME
Every sport has its own Hall of Fame. It is a sort of temple where the game’s icons are enshrined so that their tall deeds may continue to be celebrated by posterity. In the world of cycling, nobody doubted where Armstrong’s place in the gallery of greats is. Now, it might be equally clear where his place in the game’s Hall of Shame is.
Armstrong, to be sure, is not a man to walk away from a fight. In the event, the fact that he has decided to give up fighting the allegations of doping levelled against him means that there may well be incontrovertible evidence of wrongdoing on his part.
How quickly great heroes come crashing down in front of our eyes time and again in the world of sport. And the bigger the hero, the harder the fall, as in Armstrong’s case.


Then again, in the world of sport, if success is magnified, then so is failure, particularly moral failure of the kind that Armstrong has been found guilty of. Although very few of us in this tainted world of ours may be qualified to pass moral judgements, one of the exquisite pleasures of being an ordinary citizen is in being able to label someone a villain at the first available opportunity.
For, in Armstrong’s case, everything that he stood out as an icon for — character, integrity, courage, a never-say-die spirit — has now become questionable in a morality play that is unlikely to end anytime soon.
As a champion who fought his way through an obstacle-strewn path, Armstrong’s life and career became so encrusted in myths that the real person became almost invisible. Even now he perhaps is, for many of his fans — and he himself — might still be in the denial mode.
Now it is obvious that the chutzpah that he wore as a protective amulet made sure that the dissonance between his public and private persona was well hidden from our eyes.


ETERNAL RECURRENCE
But in this Nietzschean world of eternal recurrence, these things are bound to happen again and again and again. In an age of avarice when virtue is often of no value on the heady road to success, many a legend is bound to dismantle himself sooner than later.
Ben Johnson, Diego Maradona, Mike Tyson… just three of tens of dozens who have fallen from grace in modern times. Career-suicide may not be a chosen option, but it is likely to happen some day when a great star believes that the public perception of his character will protect him from almost anything.


As science advances, and prize money and rewards increase exponentially, the number of chemically-enhanced athletes would certainly increase. And all the smartness of the anti-doping officials may not help to bring every one of the wrongdoers to justice.
For all that, you still cannot take away from Armstrong what his foundation — which collected $500 million — has done for cancer survivors. But even those who have been benefited by his charity work would perhaps feel a bit let down.

Paralympics: Nigeria’s Adesokan wins first gold, breaks World record

The medal that eluded Team Nigeria during the London 2012 Olympics came tumbling in Thursday as Nigeria’s Paralympians begun their quest for medals and also to redeem the image of the country as a super power in sports. Team Nigeria’s outing at the main Olympics was colourless.

Yakubu Adesokan struck the goldmine yesterday in a refreshing manner in Powerlifting where he also sent the World record crashing with his amazing 178 kg lift in his men’s 48 category which was over three times his body weight.

Adesokan’s feat was celebrated by the country’s flagbearers in London Thursday as they hoped to win more medals. And back home, it was a double joy for the country that watched gleefully on television as the Falconets dumped Mexico 1-0 in a nail-biting quarter-final thriller to berth into the semi-final of the FIFA U-20 Women’s World Cup semi final.

Sports Minister and Chairman of National Sports Commission, Mallam Bolaji Abdullahi heaved a sigh of relief yesterday when the cherry news came and urged the Nigerian heros and heroines not to relent in their efforts to win more medals.

”The Minister is happy with the feat of Yakubu Adesokan in winning the first gold for Nigeria at the Paralympics and also over-joyed at his feat of breaking the World record. ”It is one thing to win gold and another super feat to break the World record”, the Minister’s Special Adviser on Media, Julius Ogunro quoted the Minister.

Adesokan was a full 10kg ahead of silver medallist Vladimir Balynedc of Russia, while Taha Abdelmagid of Egypt claimed bronze with his 165kg effort.

Amodu Eagles Can Beat Liberia In Monrovia

Former Super Eagles coach, ShuaibuAmodu, believes that with focus and right selection, the senior national team should not have problem beating the Lone Star of Liberia away on September 8.

Both the Super Eagles and the Lone Star will clash in the first leg of the 2013 Africa Cup of Nations qualifier billed to hold in Moronvia.

Speaking at the weekend, the Edo State-born soccer tactician said Keshi has a good programme that will help the nation to reposition its football glory both on the continent and in the world.

“Let me start by saying Keshi needs a lot of support from every Nigerian to excel because if you look at what he is doing now,  you will discover that his programme is not just for today but for the future, and I must commend him for that,” says the soccer tactician.

“If the NFF can give him the support he needs and soccer loving Nigerians as well, in few years, we will all sit down and enjoy the home-based players because all they need is good exposure that will give them confidence.”

“Liberia should not be a team that will give us sleepless nights if we prepare well.  With right selection and focus, I am sure that the Super Eagles will excel in the match.”

Meanwhile, the team will jet out on September 6 for the away match in Monrovia.

Golden Eaglets Set For Rwandan Test

Golden Eaglets’ officials have said that they are now ready for the upcoming international matches starting with Friday’s friendly match against Rwanda at the U.J Esuene Sports Stadium in Calabar.

After many weeks of preparation, playing and winning a string of friendly matches, the wards of coachGarba Manu will face their biggest test yet in this high profile game against the Rwanda.

Both teams are using the two- match series on Friday and Sunday as tune up as the 2013 African Under-17 African Youth Championship gets underway.

 While the Golden Eaglets open their account with a first round qualifier against Niger next week, the Junior Wasps are drawn bye into the second round against either Malawi or Botswana-following their impressive performance at the last tournament where they nearly won the trophy in front of their home fans but for the 2-1 loss to Burkina Faso in the final.

“We are ready for the friendly match against Rwanda since it would put the players in serious condition as well as opportunity of having a  closer look at the players ahead of our game against Niger next week,” said NdukaUgbade, the Golden Eaglets’ assistant coach who incidentally captained Nigeria to win the maiden  Under-16 FIFA World Cup in 1985. “These two matches against Rwanda are crucial because they offer us a clear-cut chance of looking and picking players for the trip to Niger.”

Team’s Coordinator, Suleiman Abubakar, said the fight for positions in the team, meanwhile, has been intense with none of the players guaranteed a shirt.