BRITAIN: In London yesterday property tycoon Nicholas van Hoogstraten, who commonly referred to his tenants as "scumbags", was held responsible for the murder of a rival landlord.
He faces demands for damages of up to £10 million.
Two-and-a-half years after being cleared in the criminal courts of the manslaughter of Mohammed Raja, a civil high court judgment declared that the multimillionaire had, indeed, hired "two violent thugs" to carry out the killing.
The ruling is the latest twist to one of the most embittered strands of litigation before the British courts. Van Hoogstraten (60), who cultivated his reputation as a ruthless, hard man, did not appear yesterday to hear the judgment; he was not even legally represented.
Mr Raja (62) had been suing van Hoogstraten over a disputed property deal when he answered the doorbell at his home in Sutton, south London, on July 2nd, 1999. He was stabbed and shot by Robert Knapp and David Croke. Both are serving life imprisonment for murder.
Van Hoogstraten was sentenced to 10 years at the Old Bailey in 2002 for manslaughter. His conviction was later quashed by the Court of Appeal. The original trial judge was found to have misdirected the jury over its need to be certain that van Hoogstraten had known Croke and Knapp were carrying a firearm and had anticipated the consequences of their actions. At the trial van Hoogstraten had denied employing Knapp in any capacity.
Giving judgment yesterday, Mr Justice Lightman said: "I am satisfied that the recruitment of the two thugs was for the purpose of murdering Mr Raja and not merely frightening or hurting him. The use of two violent thugs armed with a shotgun was more than was needed to frighten or injure him. The second shot was deliberately aimed at killing him.
"Mr Raja had at all times shown himself resilient, ready to resist threats and to complain to the police. Nothing less than murder would rid Mr van Hoogstraten of this thorn in his flesh." The property tycoon had boasted about the murder "and threatened a repeat if aggravated".
Mr Justice Lightman said he reached his conclusion "on the balance of probabilities" - the civil law standard of proof - "and indeed, if it were necessary, beyond reasonable doubt" - the criminal law standard. By arranging the murder, van Hoogstraten attempted to obtain settlement of Mr Raja's court action against him on more favourable terms. "The evidence pointing to this conclusion is overwhelming," the judge said. But "his purpose in murdering Mr Raja has not been achieved because . . . Mr Raja's family have been as resilient as was Mr Raja in standing up to van Hoogstraten".
No new evidence was presented, but previous convictions, which could not be mentioned in the criminal trial, were disclosed. The court heard that van Hoogstraten had convictions going back to 1956. In 1967 he was jailed for demanding money with menace and causing criminal damage by explosion - a grenade attack on a rabbi's house.
Five years later he was convicted of corrupting a prison officer. Further convictions included forcible entry, conspiracy to cause damage, threatening a barrister in a courtroom, assault and contempt of court.
In recent years he has dedicated his energy to building "Hamilton palace", a neo-classical, copper-domed mansion near Uckfield in east Sussex, at an estimated cost of £40 million.
The judge ordered him to pay £500,000 interim costs within 14 days. In applying for costs, Peter Irvin, counsel for the Raja family, told the judge: "Your judgment shows Mr van Hoogstraten to be a cowardly and murderous thug who will stop at nothing to preserve his miser's hoard." The Raja family's attempt to extract the money they claim they are owed will return to court on January 11th. As well as seeking "aggravated and exemplary damages", they have submitted claims for personal injury, post-traumatic stress and financial dependency. Two of Mr Raja's grandchildren witnessed the killing.
In a statement the family said: "We are very pleased with the court's findings, but it has been a devastating and uphill struggle to get here." Patricia Hare, the family's lawyer, said they had been granted an order freezing many of van Hoogstraten's assets in Britain. She estimated the family's claims to amount to between £8 million and £10 million.
The Metropolitan police said no new evidence had been presented and it had "no plans at this time" to reinvestigate the murder.