.. AND SPECIFICALLY F.A.O. TRUST CHAIRMAN ALLAN FEENEY AND HIS COMMITTEE.
THE G.M.S.T. COMMITTEE IS JOINTLY AND INDIVIDUALLY
OF ENDORSING EX-CHAIRMAN ROBINSON’S PROVEN CRIMINALITY.
Ex – chairman Robinson’s failed Trust Deed scam and criminal abuse of the justice system have done the Trust inestimable damage. The Trust’s solicitor has confirmed that all instructions were taken with your full delegated authority, which leaves you jointly and severally culpable.
THIS IS A VERY SERIOUS MATTER INDEED.
Last year, believing that ex-Chairman Robinson was acting ultra vires, Mortonjag formally invited you to clarify your position. Two separate ‘recorded delivery’ letters to the Secretary and a further to Cllr. McEleny (who soon resigned) were ignored. Secretary Sellar instead passed the correspondence to ex-chairman Robinson who later described them as ‘harassment’. Those facts are incontrovertible. You have let the membership down very badly indeed in cow-towing to a criminal.
When Sheriff Hall disallowed expenses on 9th May, the Monkey and Fing knew that for some reason he had not seen all of the evidence. They requested a second opinion, and a meeting took place in chambers last Thursday to discuss submissions to the Appeal Court. Sheriff Hall personally confirmed to Mortonjag that he is now privy to all relevant documentation.
During that meeting, Mortonjag cited evidence which proves that Blair and Bryden were instructed dishonestly, and suggested that they had been ‘led up the garden path’ by the ex-Trust Chairman.
Mr. Harvey did not disagree, and offered no objection to Mortonjag’s proposed adjustments relating to Sheriff Hall’s draft ‘stated case’ for the Appeal Court.
Ex-chairman Robinson’s fatally flawed action was dismissed by the court because the Trustee had been assigned adjudication at the Trust’s request.
The trustee confirmed that AFTER EXAMINING IDENTICAL EVIDENCE TO THAT SUBMITTED TO COURT, he had invalidated the unsubstantiated claim and removed the G.M.S.T. from the creditors’ list.
For the avoidance of doubt, the Trustee was obliged to examine ALL of the evidence which included the submissions of both agents and all witness statements from both parties. G.M.S.T. v Gallacher was purportedly a ‘debt recovery’ action, and the Trustee was fully qualified to examine all evidence before reaching a conclusion which was done under scrutiny by the Accountant in Bankruptcy. Mortonjag’s readers will recall that three of the Trust’s witnesses were guilty of making perjurious signed statements.
Mr. Gallacher is due full re-reimbursement of his legal expenses under Rule 105 of the Trust constitution, and a date is now awaited for the hearing of an appeal which is expected to succeed.
The G.M.S.T. committee must address the fact that ex – Chairman Robinson’s illegitimate manipulations have been discredited by the Trustee and the Court, and are now subject to further investigation. His ‘professional aegis’ is gone with the wind.
The ex-Chairman’s criminality is not new. He fraudulently submitted a claim on a Trust Deed in the full knowledge that no debt existed and to the detriment of proven creditors. He did so to alter the course of justice by preventing a hearing of G.M.S.T. v Gallacher in November 2011 because he knew the Trust was about to lose.
For several years the deceitful Morton F.C. Director has swayed opinion and adulterated the judicial process on the strength of his professional ‘standing’ and repeatedly made false statements in various media.
Within a three hour period, the following statements appeared on the now vanished official Trust forum. Those were merely the ‘tip of an iceberg’!
Simultaneously, non Trust members who openly questioned or challenged Mr. Robinson’s ‘authority’, were sent false information in unsolicited personal messages. All evidence has been retained for further investigation.
by Nick.Robinson » Tue Oct 04, 2011 8:39 pm
A couple of points on the discussion on here.
We should not now go to a proof. I do not believe that doing so will enhance or damage the reputation of the trust any more that not doing so but what is clear is that if the matter goes to proof it will cost us significantly more in our own legal costs than we can now recover. The facts are that if we win, we will only stand to gain a few pence in the pound at best. Jim Gallacher had no right to defend this case. Those rights vested in his trustee whom it seems, knew nothing about the claim until advised by me and consequently all of the legal costs expended by both sides and the court’s time have been wasted.
MR. GALLACHER DEFENDED THE CASE AND WON. THE ACTION WAS DISMISSED IN HIS FAVOUR ON 9TH MAY.
I wonder who knew about Jim’s trust deed? It seems to me that the principal advisors here are damned either way. If Ernie did not know, his client has let him down fairly badly as the trust deed has major ramifications for the case. If he did know then his egotistical all seeing eye has failed to grasp some fundamentals of insolvency law and knowing and not disclosing it shows him for the manipulative and disturbed creep that he is. In either case, I think he can kiss goodbye to the costs incurred to date and explain that down under.
MR. GALLACHER’S PRINCIPAL ADVISER WAS HIS SOLICITOR’S INSOLVENCY DEPARTMENT WHOSE ADVICE THAT THE G.M.S.T. WAS NOT A CREDITOR WAS CONFIRMED WHEN THE TRUSTEE REJECTED THE CLAIM.
Its a truism that many solicitors have only the vaguest understanding of insolvency but both of Jim’s solicitors to date should have known enough to be aware that the simplest way to have the action dropped would have been to inform the trust of the trust deed. Did they therefore know about it? Had we known about it, the case would not have proceeded and it was not recorded in the Register of Insolvencies when I checked in November 2010 prior to the case starting. To say as he did on Monday the trust deed was in the public domain is simplistic by the solicitor. He should know that his client has no locus to defend the case.
THAT WAS A BLATANT LIE AS CONFIRMED BY THE ACCOUNTANT IN BANKRUPTCY! THE TRUST DEED HAD ALREADY BEEN PROPERLY ANNOUNCED IN THE EDINBURGH GAZETTE IN OCTOBER 2010.
I think you are missing the point guys. It is no longer legally competent for us to pursue Jim Gallacher any more than he has any locus to continue. Our debt is now the responsibility of his trustee and there is a defined legal process for us to follow laid out in the Bankruptcy (Scotland) Act 1985 to make our claim, the trustee to adjudicate on it and us to appeal if we think that necessary. What needs to happen now is for proceedings to be brought to a close as soon as possible and the facts are that the costs incurred by everyone, the trust and Jim should never have been incurred and I lay the blame for that firmly at the door of one man and its not Jim Gallacher!
ALL COSTS INCURRED BY MR. GALLACHER WERE THE RESULT OF A FRIVOLOUS AND VEXATIOUS LEGAL ACTION, ABUSE OF HIS TRUST DEED BY A NON- CREDITOR, AND A SUBSEQUENT ATTEMPT TO PERVERT THE COURSE OF JUSTICE. MORTONJAG LAYS THE BLAME FOR THAT FIRMLY AT THE DOOR OF ONE MAN AND IT IS NOT PORKY PAUL JOHNSTONE.
In May of this year, in the mistaken belief that his criminality had escaped detection, ex-Chairman Robinson engaged with the ‘guys’ on the fans’ message board, where he continued to lie about the facts of the court case.
THE ONLY REASON THE CASE WAS BROUGHT BACK TO COURT WAS FOR DISMISSAL IN MR. GALLACHER’S FAVOUR.
THE TRUST LOST THE MOMENT THE TRUSTEE REJECTED THE CLAIM!
AN IRONIC LECTURE ON ‘MORALITY’ FROM A PROVEN CRIMINAL LIAR AND , TO ILLUSTRATE THE POINT, ELEVEN WEEKS LATER THERE IS STILL NO SIGN OF THE PROMISED CIRCULAR WHILE THIS YEAR’S A.G.M. IS NOW LONG OVERDUE.
THE AFFAIRS OF THE G.M.S.T. ARE BEING CAREFULLY MONITORED.
From the constitution:
On 9th May, the Trust’s civil action was dismissed because an unsubstantiated claim had been invalidated by a Trustee, and removed from the list of creditors. Here’s what the Scottish Courts’ website says about dismissal:
1/ On 9th May, in Greenock Sheriff Court, the pursuer stated untruthfully that the Trustee had not adjudicated on the pursuer’s claim. He HAD! He subsequently invalidated the pursuer’s claim and removed it from the creditors list after the Accountant in Bankruptcy investigated the administration of the Trust Deed.
2/ On 9th May, in Greenock Sheriff Court, the pursuer lied to the court, claiming to have done due diligence before raising the action. The pursuer had not. The pursuer’s account has been refuted by an official statement from the Accountant in Bankruptcy.
3/ In reaching a decision to withhold expenses from the defender, Sheriff Hall was apparently unaware of critical documentation from the former, and relied substantially on fraudulent statements designed to pervert the course of justice.
4/ Mr. Gallacher has always been entitled to re-reimbursement of full legal expenses under the provisions of Rule 105 of the Trust constitution.
ONCE AGAIN – F.A.O. G.M.S.T. CHAIRMAN – ALLAN FEENEY, SECRETARY – MARY SELLAR, AND COMMITTEE MEMBERS – RYAN DEEGAN, CLAIRE MELVILLE, AND LAURA WOHLGEMUTH
The issue of expenses is now to be decided by the Sheriff Appeal Court, and a hearing date is awaited.
You are constitutionally obliged to update the membership on the Trust’s exposure to a potential award of £21k, and to convene an A.G.M. without further delay.
Members require reassurance that provision has been made for the contingent debt of £21k, and will seek clarification regarding a reported transfer of a substantial sum of money from the Trust’s account while an appeal is pending.
G.M.S.T. v GALLACHER HAS BECOME A VERY SERIOUS MATTER INDEED, WHICH WILL NOT ‘GO AWAY’,
THE OUTCOME IS GUARANTEED TO STIMULATE PUBLIC INTEREST.