The Yid wrote:Got my hands on a copy of the statement of facts to do with the judicial review application. Does not make pretty reading for Council or ACL.
Care to share?
As it's an application for a review it's bound to not look good for either of them - it's the least I''d expect. It's the statement of facts as perceived by those asking for the review. And as a judge said in 2005, she's not necessarily that good on them....
"Ms Seppala was the least satisfactory of all the witnesses. In making my general comments above, I said that no-one was deliberately lying. But I fear Ms Seppala has a distorted recollection of some events – particularly about what happened at the meetings in New York in January 2005 – and, with the benefit of hindsight, has introduced a "spin" (I am sorry not to be able to find a better word) which suits the Applicants' case. She is also prone to exaggerate – the Respondents would characterise it as lying, but I give her the benefit of the doubt on that – for instance her suggestion (eventually withdrawn by her) that Mr Wallace had "continually" represented to the Applicants that the RCF Banks had a strong direct claim against TXU Corp when in fact he never said that at all. She also recollects (and she may well have believed what she was saying) events which did not, as I conclude, take place (namely a conversation with Mr Wallace "in a small room" and Mr Olin reading and explaining a position paper in New York on 11 January 2005). She is, I am quite sure, an astute and effective business woman. I totally reject her description of herself as naïve. I am quite sure that she was closely involved in developments as the representative of SISU as a Committee Creditor. But she had many other business matters on her mind and when it came to producing her witness statement and giving her oral evidence, her recollection was not, I think, as accurate as she would like to make out. "