RamZone's Court Reporter was present at Northampton Crown Court on Friday and will be bringing us all of the news from a trial that has every Derby fan awaiting its outcome.

Northampton Crown Court Friday 17th July Court 4 at 2.30pm

 His  Honour Judge Ian Alexander QC

The Crown Prosecution Service (CPS) opened proceedings by mentioning the Proceeds of Crime Act Section 6 and said that Derby County Football Club had asked for compensation of £375,000 net of VAT plus interest.
 
There was a debate about compensation and confiscation and Judge Alexander stated that compensation took preference over any other financial penalty.
 
Mention was also made of the Disqualification of Company Directors and the barristers were asked to state a position on behalf of their clients.
 
Prosecution costs are estimated at approximately £250,000
 
The Judge granted a further 3 months for detailed investigation of the financial circumstances of those convicted, noting that this involved enquiries  into overseas bank accounts.

Paul Mann QC on behalf of Jeremy Keith was the first to mitigate on behalf of his client.

He stated that JK had not been convicted as a ‘conspirator’ or  for laundering and had admitted he received £125,000. He did what he did because  he was deceived. He has been married 20 years and has daughters age 17 & 12.  He does a lot of work for his church and in his community. He is 7 months in arrears with his mortgage and has debts of around £110,000 JK has indicated  his willingness to do Community Service.

Regarding disqualification as a  company director, he was foolish but that doesn’t make him unfit to be a  director. If he is disqualified it will prevent him from working in his line of  business. He has suffered greatly as a result of this case and so have his  family.

Andrew Mackenzie’s barrister asked the Judge to take into account the Pre-Sentence Report (PSR) and the 5 submitted character references. He stated that it was not necessary to impose an immediate custodial sentence because there was no vulnerable victim and there would be no great public outcry if he  did not receive a custodial sentence (!!) On and off since 1977 he has been  involved with Edexcel and won an award for his work and since 2000 he was  involved with Sporting Futures.

Reference was made to a medical report which  the Judge had read and the details were not made public.
 
Whilst the barrister was making mitigation re the offence the Judge interrupted and said ‘But he denied it and continued to deny it’.
This  conviction means that he will be removed from the list of his professional body  as a Chartered Management Accountant.

He and his family have suffered greatly  as a result of this case especially as they live in Derby whereas other defendants do not.
He was devoted to DCFC and worked very hard indeed to make  it successful.

Before Murdo Mackay’s barrister could speak, the Judge announced that  he had received a lengthy e-mail from Karen Mackay, estranged wife of Murdo. She  was making an impassioned plea that her half of the assets (presumably from the  sale of his house in Dalgety Bay) should not be taken into account as they were  rightly hers and her children’s.
 
Mackay had supplied 29 character references to the court including ones from John Sleightholme and Peter Marples. There was also a reference from the acquitted defendant Mark Waters.
There were also references from persons who  had been employed at DCFC and who were now at Birmingham City.

Mackay had  admitted receiving £250,000 which was to be split equally between himself and  Andrew Mackenzie. He had also sworn an affidavit concerning this on 9th  February 2006 (Note:
this was the day before Peter Gadsby went public with his  intention to try to take over the club)
 
He is now insolvent, his marriage has broken down and he is homeless. The address he has supplied to the court for his bail purposes is that of a friend.  His house in Scotland was sold for considerably less than its market value. He  is entirely dependent upon friends.

This case has had a considerable impact  on him and all he has ever wanted to do was work in football. He comes from a  strict Christian Scottish Presbyterian background.

A plea was made for a  non-custodial sentence. His barrister said it was a victimless crime and the  Judge said that was nonsense, the fans of DCFC were the victims – it was their  money paid going through the gate. The barrister waffled on about how many fans  there were and it would only be a fraction for each, the Judge brushed this  aside.
 
No comment was made concerning being disqualified as a company  director……

David Lowe’s barrister stated that he had merely acted as a conduit  moving money from Mackay to Mackenzie and had used his own personal Halifax bank account. This was one solitary act. Everyone who knew him was amazed that he had  risked his reputation and career on such a misjudgment for the measly sum of  $14,000 (approx £10,000) The Judge commented that he lived the high life in  Monaco and owned a £1.5 million yacht and various properties……at which his  barrister declared that he actually only owned one flat – in  Knightsbridge!!

He had been earning between £200,000 and £400,000 a year and  had been worth £45million but now he was worth around £450,000 in personal  wealth.
 
The Judge commented that the barrister representing Lowe at the trial had declined a pre-sentence report and because of changes to the law in suspended  sentences, the Judge could not give a suspended sentence without one because  suspended sentences now carry a penalty required of community service work or  supervision orders etc.

The usher was despatched to find a Probation Officer to  prepare such a report but at 4.30pm on a Friday they had all gone home. A report  was to be prepared for Monday morning but the barrister for Lowe stated that he  would be unable to attend but that ‘someone would be in court to represent  him’.
 
The Judge said that he had a lot of papers to read to take into account and  that he would therefore adjourn sentencing until Monday morning at 10am. Bail  was extended to all defendants until that time.

Other points of note:
 
All defendants have had to surrender their passports.
 
Media present were Rachel Gilchrist of Radio Derby, Chris Mallett of the  Derby Evening Telegraph and reporters and photographers from East Midlands Today  and from the Press Agency.
David Conn of the Guardian was in touch with your  court reporter and will be writing another article about this after  sentencing.
 
Andrew Mackenzie was twice heard to say that he would be throwing a party if he doesn’t get a custodial sentence.

RamZone will continue to keep readers up to date with the latest news when the trial resumes on Monday.

Photo: Action Images

Derby County Polls