Goldtrail Travel liquidator Ian Oakley Smith was accused in the High Court yesterday of “pursuing a campaign on behalf of the CAA”.
Counsel for defendants Phil Wyatt (pictured), Halldor Sigurdarson, Magnus Stephensen and Black Pearl Investments made the accusation in response to the claim they were involved in the “misapplication” and “misuse of payments” in the run up to the failure of Goldtrail in July 2010.
PwC is pursuing claims for £3.64 million against Turkish carrier Onur Air and for £1.4 million against Wyatt, Sigurdarson, Stephensen and Black Pearl, who were directors of and investors in Viking Airlines.
The claims follow a lengthy investigation into Goldtrail and its sole owner Abdulkadir Aydin who is believed to have transferred more than £10 million to himself and his family before putting the company into administration.
Onur Air and Viking Airlines sold seats through Goldtrail.
David Eaton Turner QC, acting for Wyatt, Sigurdarson, Stephensen and Black Pearl, quoted a submission by Oakley Smith in which he said: “It is my view the CAA was very wary of the further involvement of these individuals in the travel industry.”
He told Oakley Smith: “You have rather stepped outside your proper remit as a liquidator. You appear to be pursuing a campaign on behalf of the CAA against Mr Wyatt and the other defendants.”
Oakley Smith replied: “That is demonstrably not the case.”
Michael Gibbon QC, acting for Onur Air, told Oakley Smith: “You are allowing your case to cloud the way you see the documents.”
Oakley Smith told him: “I disagree.” He insisted: “My view is based on a review of the evidence over many months.”
Earlier the Court ruled a witness statement by former Viking Airlines chief executive Christian Tajeran inadmissible “in light of the very unsatisfactory nature of Mr Tajeran’s witness statement”.
Counsel for the liquidator argued Tajeran’s evidence was “so unreliable it should not be admitted”.
Tajeran had declined to appear in person and the Court was told he could not give evidence by video as he was in the Congo. Tajeran is a resident of Athens.
The case continues.