! SECRET TRIALS - WHAT'S NEW, PUSSYCAT?

! Echoes of Nuremberg

! Freedom of Information

! Gerald Gardiner - Saint or Criminal?

! Guilty Men

! How to Justify a 'Kangaro Trial

! A Magdalen Manner Notwithstanding

! My Nuremberg Trial

! National Security and 'Kangaroo Courts

! Open Letter to Justice

! Orwellian Unperson

! Supermac and Supershell: The Hartley and Maxwell Story

! A World Turned Upside Down

NB Items starting with ! are recent additions or updates.

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! Echoes of Nuremberg

It was in 1945 that the war crimes trials at Nuremberg commenced. There has been some question of their legality.

In 1955 I was employed by HM Government in Nigeria. My major task, for which I was recruited, was to draft a Factories Act, which I did in six weeks. I am not a lawyer, but did PPE at Oxford in two years, and a Diploma in Public Administration, despite leaving school at thirteen. As a time-served engineering craftsman I had previous knowledge of factory safety. It was a scissors and paste job, based on existing laws in other colonies, and my wife typed it.

I was very proud of 'my' Factories Act, which went on the Statute Book immediately and was given a great welcome. I have always loved the law, and enjoyed the legal studies which formed part of my studies at Oxford.

I was familiar with Nigeria's comprehensive election laws, and eagerly waited for Independence and a great experiment in democracy and black majority rule. Yet in 1956 I was shattered to have orders from the Governor General making clear that the elections were to be rigged. The showcase of democracy was a fraud. I queried this policy through official channels, but was treated with great hostility and never allowed access to the Civil Service tribunals established for redress.

In 1960 I returned to London in very great trouble, though I had been charged with nothing.

(As a consequence of the abolition of the rule of law, a war started and three million innocents died - UN figures.)

In 1960 the Governor General had threatened my life, but also spoke of permanent exile from the UK and honours, top jobs, etc. The alternative was life-long unemployment, harassment, and surveillance by MI5/6. Mr Chester Barratt approached the Colonial Office but was told many lies. A well-known City solicitor, he had an acquaintance with Julian Amery, a junior Colonial Office Minister and son-in-law of the Prime Minister, Harold Macmillan.

Tom Sargant was the Secretary of 'Justice', a recently formed all-Party law reform group, part of the International Commission of Jurists. The Chair of Justice was Sir Hartley Shawcross, former Chief British Prosecutor at Nuremberg. He was now a VIP at Shell Oil whose newly-discovered oilfields in Nigeria were a major reason for the abandonment of the rule of law by HM Government in Nigeria.

The Government had been dealing with my concerns since 1956. I was objecting too to harassment, which had wrecked an agreement I had reached with a handshake at the behest of Lord Grey, the Deputy Governor General. This gentleman's agreement was breached by the Colonial Office, and I had to return to Nigeria in 1958.

In 1959 Hartley Shawcross had been made a peer by his friend Harold Macmillan. The Lord Chancellor was Viscount Kilmuir who, as David Maxwell-Fyfe, had been Shawcross's Deputy Prosecutor at Nuremberg. They now teamed up with the Labour Shadow, Gerald Gardiner, who was to be Lord Chancellor in 1964, and Sir John Foster, QC, MP, who was a friend and lawyer to the Amery family. Sir John also had experience of war crimes and treason, as he had attempted to defend John Amery, who was executed in the Tower in 1945. Macmillan as Prime Minister and Iain Macleod had either ordered the illegal machinations I complained of, or had a hand in implementing them or the consequences.

Now, Tom Sargant explained to me that Maxwell-Fyfe, Shawcross and Gardiner had discussed what should be done with me, and they had agreed that I could never be allowed in an English court of law. I was perplexed because it was the Government which was acting criminally. I had protested through the proper channels, but never had a hearing. Maxwell-Fyfe, Shawcross and Gardiner had decided that an alternative 'trial' could be held at 'Justice' in secret. This was clearly a 'Kangaroo trial', which is illegal.

I attended because Tom Sargant was persuasive, and assured me of Gardiner's liberal leanings. If I told the truth I would be vindicated.

The 'trial' and outcome were a disappointment. Sir John Foster was to be prosecutor, jury and judge, and Viscount Kilmuir, Shawcross and Gerald Gardiner would decide on a verdict. Harold Macmillan would then accept the decisions and implement them. The charge was very serious for it was treason, of which I was innocent. I did not need a 'trial' or even a 'Kangaroo court' to tell me that. What I wanted was a trial of those guilty of destroying democracy at birth in Nigeria.

This was obviously a very high level 'trial', and presumably 'Justice' had been chosen to lend an air of respectability and legality to the proceedings. Surely even at Nuremberg the war criminals had defence lawyers?

I was a law maker and had never been charged with anything, but my life was threatened by a law-breaking Government! It was a nightmare, and I was ill. My weight was dropping and I was like a skeleton.

The eminent people who were trying me were the criminals who had robbed a newly-independent, giant nation of its rule of law and its democracy. Decades of bloody, unparalleled chaos and millions of deaths would flow from this machiavellian treachery, which would set the tone for the whole Continent of Africa to be pitched into savagery.

The Nuremberg Prosecutors had represented good against evil, but had tried scrupulously to give Nazi leaders a fair trial. I was not getting a fair trial. Was I worse than a Nazi? Evidently there was a great hatred of me! Was there a pretence that the law could be set aside if the two major political parties agreed to do so together in secret?

Lord Shawcross in his memoirs deplores whistle-blowers like me, even if we expose gross criminality. Why could Britain not pay a fair market price for Shell Oil like everyone else? What was Independence meant to mean?

There were so many things wrong with this 'Kangaroo trial', and so much unexplained, that I could only conclude that the criminals had taken over the system.

I have dealt with the proceedings, the verdict and the sheer horror of this illegal trial elsewhere. Was this unique? The intention of this illegal 'Kangaroo trial' was to gag me for life, and get my consent to permanent exile. The threats to my life had not worked, for I had stood up to them. I was to be declared a winner and rewarded with honours and a top job, and be gulled into the acceptance of gross criminality. I refused the offer. The US State Department had offered me a safe haven in Washington. The CIA had approached me, and I met the Station Chief in London who was concerned for my safety. It sounds crazy, but I was fearless and defied them to kill me. I was blazing with a controlled anger at the treachery of the British Government.

Lovers of liberty and the law should regard these 'Kangaroo' proceedings as a disgrace to the British legal system and be hopping mad!

January 2005

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! Freedom of Information 2005

I have no proof, other than my own experience - often unsubstantiated - that Macmillan destroyed Nigerian democracy. He wrote no confession of what he undoubtedly did. On the contrary, every precaution was taken to keep his machinations secret. There will be no flood of e-mails to investigate.

As the operation was carried out on a bipartisan basis involving the Privy Council, the question of legality never came into it. 'The hidden hand' and 'fancy footwork' exercised an 'enduring fascination for him.' 'The sheer devilry of his later adventures in foreign policy shocked some...' He found the Balkan politics of North Africa exhilarating. He favoured black and white partnership and black majority rule, but had no intention of handing over the reins of government to militant African leaders. (Africans were like children; they are vain; they easily get excited; they are barbarians. These were the ideas and beliefs of the Prime Minister, Harold Macmillan.) It was evident that right and wrong did not come into it. Illegality did not worry him. The machinery for operating as an adventurer outside the rule of law was to hand in the Privy Council.

All this happened in Nigeria, and I was a witness. I tried to stop it, but I failed. After fifty years, no one is listening, and three million people died. A small handful of top politicians can create this mayhem from within a parliamentary democracy! Can the exercise of law stop it? These people can use all the resources of the State to shut you up, and they are not overly scrupulous. In Lagos during the 1950's, thousands of letters were burned unopened every day. These practices make a mockery of our democracy. This paper is a record of my attempts to expose the abuse of poor bloody Africa by trying to operate the Freedom of Information Act, 2001.

One can understand scepticism to what I suggest. Wasn't Maxwell-Fyfe devising constitutions for soon-to-be-free Colonies? I, too, was a lawmaker in Nigeria. What I was discovering was almost unbelievable, yet it was certainly proved to me that the really decent and popular David Maxwell-Fyfe was a total liar when he gave me a 'kangaroo trial'* at 'Justice' to shut me up.

In October 1960 David Maxwell-Fyfe went to Nigeria for the Independence celebrations. Not a single nationalist politician was on the platform. Those who had opposed freedom and independence welcomed him. Six years later Britain's major stooges on the platform were gunned down. But for the British plotters, headed by Macmillan and Ministers like Maxwell-Fyfe, those African cheats whom we had selected to lead this great nation, would have lived out their expected span. Little did they know that men like the genial and decent David Maxwell-Fyfe had signed their death warrants.

February 2005

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                                    ! Gerald Gardiner - Saint or Criminal

Is it possible if one is a lawyer, especially a great reforming Lord Chancellor, to be a bit or a fraction of both?

In 1960, when I was trying to expose the rigging of Nigeria's Independence elections by the British Government, the Lord Chancellor, Viscount Kilmuir aka David Maxwell-Fyfe, got together with his Shadow, Gerald Gardiner, to shut me up with a 'Kangaroo' trial at 'Justice'.

The loss of three million innocent lives resulted from the election rigging, but they were Africans. Macmillan, the chief architect of this treason referred to Africans as 'barbarians'. The question of right or wrong did not come into it when outwitting these excitable children. It was exhilarating using power in a machiavellian fashion. The Chair of 'Justice', Sir Hartley Shawcross, was evidently in close agreement, for these rascally Nigerians would probably interfere with the smooth running of the newly-discovered Shell oilfields if allowed to take power. As Shawcross was a VIP at Shell Oil, he would know about such things.

Sir Hartley and David Maxwell-Fyfe had also been the leaders of the British team of prosecutors at Nuremberg, and were accustomed to dispensing justice in orginal - some would say questionable - situations. Trying Smith in an official court would not be right at all, for the public might disapprove. Better to keep it secret.

Yet a year later Gerald Gardiner was to prosecute the leaders of the ETU for election-rigging. I followed this with great interest, having made similar charges against the AEU and been worsted for my pains. The facts seemed indisputable in the ETU case, and Gerald quite correctly proved that there was a conspiracy to fix elections. However, was this not a storm in a teacup compared with the British conspiracy to destroy democracy in Africa? One in five Africans is a Nigerian. Our behaviour in regard to the Africans was sometimes very questionable indeed, as in Kenya.

If the ETU conspiracy was the biggest fraud in Trade Unionism, what was the British Government's conspiracy in Africa? And why was Gerald covering it up? One could see why Sir Hartley Shawcross was playing a rather sinister role. One could see why David Maxwell-Fyfe was playing a rather seedy, criminal role, for he was a member of Harold Macmillan's Government, and he had plotted and approved the treason.

The answer may be simple in that Sir Hartley may have given a bundle of Shell shares to his colleagues. A dreadful suggestion, of course, but as reasons go it was a popular one, simple to understand and difficult to fault, referring as it does to the weaknesses that men are prone to.

If the conspirators had any concern for the person of the trouble-maker, who was such a pain to the Government, they did not show it and one may reasonably assume that they thought I deserved all I got. It was not as if I had been to a public school, where I would have learned not to snitch and rat on our people, the British. Evidently my years at Oxford had not given me the right code of behaviour.

I was the sort of bounder who would have argued that the rich had taken over charitable foundations, designed for poor scholars like myself. Viscount Kilmuir was a Scot like the Governor General, and had taken a Third at Balliol. I had had the nerve to push into Magdalen and get a Second, which was almost indecent when Gerald had taken a Fourth and been sent down from Magdalen. Poor old Hartley had not even got to Oxford and did not have a degree at all! I was just a pushy, elementary schoolboy who lacked loyalty and did not know his place.

These sentiments, which I guy and send up, were very real at that time. Labour and Tory politicians were also anti-Semitic almost to a man. Lyttleton was a rare exception. Negrophobia was common and Roy Welensky was rubbish to Macmillan, not only for being Jewish, but a poor Jew and a railwayman at that. The grandson of a crofter who had married an adulterous Devonshire only acted the role of an Edwardian country squire. In truth he took acting lessons from Bud Flanagan of the Crazy Gang. What an insecure little, Scots, bastard racist he was. His reference to Africans as 'barbarians' from a man who sucked up to Oswald Mosely in the 1930s makes one wonder whose side he was really on in World War Two. Perhaps he needed more acting lessons!

Salisbury, the real thing as aristocrats go, appreciated Roy Welensky. Salisbury was no parvenu and upstart, but Macmillan got his revenge. He set the Intelligence Services on Salisbury and Welensky, which proved Salisbury was absolutely correct about one thing. Harold was not a gentleman and, if proof were needed, the night of the long knives confirmed this.

Note: When one has read the memoirs and the biographies of the period and newer critical works such as 'The Guardsmen: Harold Macmillan, Three Friends and the World They Made' and 'Harold Macmillan and Britain's World Role', it is clear that we were all taken in, for the conclusive evidence suggests that Macmillan was a first-class machiavellian monster, who poisoned the climate of politics of Westminster with his treacherous intrigues, and denied better men the opportunity to serve the nation.

January 2005

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Guilty Men

The Nuremberg prosecutors did a window-dressing job in finding guilty a handful of Nazi leaders, whom the Russians would have shot out of hand. If you could not find Nazi leaders who led a State, which systematically killed millions,, guilty, you were in the wrong job. Yet Goering ran circles round the prosecutors. Maxwell-Fyfe did better than his boss, Hartley Shawcross.

In no time after that whole regiments of Nazi killers were being settled in Britain by Ministry of Labour counter-clerks selected from labour exchanges, like George Foggon. It helped to be a Nazi sympathiser like George, who told me in 1956 that no Nazis were guilty of anything for they were simply carrying out orders. George thought that the Official Secrets Act was like the Hitler Oath - an excuse for anything. Harold Macmillan, a major war criminal, thought very much like George and awarded him high honours.

David Maxwell-Fyfe loved honours and his ambition as a collector was endless. He looked like Telly Savalas playing Kojak without the lollipop. His boss at Nuremberg, Hartley Shawcross, did not manage David's earldom, but made up for it with directorships.

At 'Justice', of which Hartley was Chair, they arranged a 'kangaroo' court* in 1960 to silence the Smiths who were establishing that the British Government had fixed the Independence Elections in Nigeria to place the newly-discovered Shell oilfields in safe hands. It helped that Hartley was a VIP at Shell Oil. The following year Hartley was rewarded with a 'goldmine' - a directorship of Shell Oil.

The Government has for over forty years denied that the Smiths exist. They deny that the Smiths got a 'kangaroo trial' at 'Justice'. They would, wouldn't they?

The destruction of democracy in Nigeria has produced for decades a basket-case nation and took the lives of three million innocents. To this day, Mr Blair is covering up this holocaust. 'Justice' will not answer the Smiths' letters. They compound their guilt.

February 2005

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            ! How to Justify a 'Kangaroo' Trial*

An illegal trial, if set up by a Lord Chancellor, is still not legal, especially if it is held in secret. When the accused is held to threaten State security by exposing State criminality, one understands why secrecy is desired. It is also understandable why the accused should not be allowed counsel. Those involved in the trial will be complicit in the State criminality and must therefore be trustworthy to the accusers.

If the trial is not a court martial, but is to be dressed in authority and made to appear legal, the use of lawyers and a quasi-judicial setting like the Head Office of 'Justice' is understandable. (An attempt had previously been made to second the accused to the Army as a high ranking officer, so that he could be subject to military law.)

The accused was attempting to use due process. His solicitor had made submissions to Government. Three years earlier a deal had been brokered by the Deputy Governor General of Nigeria. This was honoured by the accused but broken by Government. The civil service rights to a hearing had been denied over a period of two years.

An illegal, secret trial did take place at 'Justice' in 1960. The fundamental principles of a proper trial were absent. An attempt at justifying the trial was made. The accused was misled as to the purpose of the trial. Implicit in the trial was the approval of 'Justice' to the proceedings.

An illegal trial, sanctioned and instigated and authorised by a Lord Chancellor, is intimidating to an accused. De facto charges of treason had been alleged by Government. The accused was appealing against arbitrary punishment, inflicted when he had left the service of Government three years before. The effect of this punishment was to force the accused to enter into Government service again.

When the trial was held the accused was no longer in Government service. The accused fully co-operated with Government and respected the office and great authority of the Lord Chancellor and others. The accused was not allowed to negotiate the terms of the trial. He did, however, have reasonable expectations regarding justice and fair play.

At all times when in Government service, the accused complied with civil service regulations and used official channels to pursue redress.

The accused was at all times polite and well-mannered in dealings with his superiors. Correspondence was directed to the proper authorities.

The initial complaint was made in 1956. The 'Justice' trial was held in 1960.

It was admitted in 1960 by the Governor General of Nigeria that the British Government had rigged Nigeria's Independence Elections. This was confirmed by other top officials.

Threats to the life of the accused were made by Government. Offers to the accused were made by the Governor General in Lagos and in Oxford.

Sir John MacPherson, the Governor General in 1956, became the top official at the Colonial Office. He was a personal friend of the Lord Chancellor.

The Minister at the Colonial Office, Julian Amery, was the son-in-law of the Prime Minister Harold Macmillan, who approved of the illegal machinations in Nigeria.

The Lord Chancellor, David Maxwell-Fyfe, was a colleague of the Chair of 'Justice', Sir Hartley Shawcross, at the Nuremberg Trials. They were members of Gray's Inn and shared chambers.

Sir John Foster, QC, MP, who conducted the trial, was a political associate of the Prime Minister and the Amery family.

Gerald Gardiner, the Shadow Lord Chancellor, associated himself with Maxwell-Fyfe in setting up the trial.

It was evident, by the involvement of the Shadow Lord Chancellor, that Labour was allied to the Government in the machinations in Nigeria.

February 2005

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! A Magdalen Manner Notwithstanding

The Chair of 'Justice' in 1960, Sir Hartley Shawcross, was a VIP showcase front man for Shell Oil. He basked in the reputation of having been the chief British prosecutor at the Nuremberg Trials. The real chief, who did all the work, was David Maxwell-Fyfe. (Anyone who consults Kilmuir's 'Memoirs' will arrive at the same conclusion.) Shawcross was a fraud who derided Maxwell-Fyfe's intellectual abilities. In fact, Maxwell-Fyfe was the youngest KC for three hundred years. A wartime degree, complicated by service in the Army, brought him a creditable Third. Shawcross lacked a degree at all, and was not really in the top league where Maxwell-Fyfe belonged, and he probably envied him his popularity and success.

Harold Macmillan and Iain Macleod took Seconds and Gerald Gardiner a Fourth. The last-named was also derided by Shawcross who wrote that he knew nothing about politics.

Julian Amery was Macmillan's son-in-law, and Sir John Foster was the Amery family lawyer, and friend of Macmillan and Maxwell-Fyfe. The three Tory politicians attended Strasbourg together in 1949.

It was extremely interesting for me to be charged with treason in 1960 at 'Justice' by the Nuremberg team of British prosecutors. In 1956, as a colonial civil servant, I had refused to carry out orders I deemed criminal, namely to interfere with the Nigerian Independence Elections, which were being extensively rigged by the British Government.

The only treason in existence was that of the British Government. It was piquant also because the Nuremberg Code stipulated that it was not sufficient to claim that one was carrying out orders if accused of war crimes. Only lawful orders should be obeyed. Moral choice must be a consideration. Government efforts to strike down a 'public interest' defence in recent years are probably in breach of both international and British law.

Both Maxwell-Fyfe and Shawcross knew intimately the Nuremberg Convention. What were they doing lending their authority to a secret trial of a civil servant, charged with treason for disobeying criminal orders? As I was not allowed a lawyer to present a defence against Sir John Foster's charges, which were presented in a ferocious manner, it was not possible to make these points.

The authority of the court was questionable, of doubtful authority or legality. The charges were vague. There was no defence or jury. The verdict and judgement were to come from the Lord Chancellor, Maxwell-Fyfe, in agreement with his Shadow, Gerald Gardiner, and, whilst purporting to be a judgement in my favour, it demanded my word to keep silent about gross State criminality, and my consent to lifetime exile!

And this 'kangaroo court' was held near the Inns of Court at 'Justice', a law reform society with an interest in African justice!

Star Chamber treatment in modern times lacks documentation, but my case contained every element of this barbaric behaviour.

I experienced the duress of having my life threatened. I had already been illegally punished. Further punishment was threatened. If I refused to accept the 'judgement' of the court, I would never work again and would be subject to lifetime surveillance and harassment.

In his political intrigues against rivals, Harold Macmillan favoured 'the hidden hand' which drew on Machiavelli's doctrines. In a conflict with Salisbury over Sir Roy Welensky's policies in Rhodesia, Macmillan enlisted the services of MI5/6. To use these official dark forces against a ministerial colleague of such eminence reveals much about Macmillan's character and ambitions. It also demonstrates that the politicians, who were trying me in secret with the collaboration of eminent legal figures, would have no compunction in ordering the security services to impose life-long sanctions against me.

If the Whitehall establishment could show such contempt for the mighty Salisbury, they would certainly not hesitate to punish someone out of the factory and off the council estate, whether or no he had acquired a faint gentlemanly gloss, along with the manner and status of a Magdalen man.

February 2005

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! My Nuremberg Trial

In 1960 I returned from Nigeria in disgrace, and the wrath of Government was evident. I protested my innocence and even employed a lawyer, but the charge of treason had been put around in public by Whitehall, and there were official threats to my life. These exceptional circumstances, like today, called for special measures. I wanted to be given a proper trial so that I could demonstrate my innocence, but Whitehall refused then, as they refuse now, to try 'terrorist suspects.'

Another ploy was to deny officially that I existed. Clearly, if I did suffer 'foul play' and disappear, Government would not be unduly concerned to discover what had happened. Another idea was to subject me to permanent exile abroad. The Far East was mentioned as a likely destination. As an Oxford graduate with some legal training and experience of the law, and holding a Diploma in Public Administration, I knew of the fine principles on which British law is based, and knew also that Whitehall was behaving as if the law did not exist where I was concerned. I was an outlaw, though it seemed to me as someone who was totally innocent that the British Government was acting as if we were part of the Nazi empire!

It now seemed that the four years I had spent seeking redress through the official channels of the Civil Service were totally wasted. I was never going to be allowed to appear before a Civil Service Tribunal as was my right. I sought the advice of the celebrated author C P Snow, who had been a Civil Service Commissioner, and he advised that I seek redress in the Courts. That also was supposedly my right, but Government was adamant - I had no such legal rights!

My reference to Nazi policies was to be proven absolutely correct, for Government now decided to give me a 'kangaroo trial'* under the auspices of the two British prosecutors at Nuremberg in 1945/6, Sir Hartley Shawcross and David Maxwell-Fyfe. I was in an even worse position than the Nazi leaders because their trial was held in public. I was to be tried in secret. The Nazis too were allowed defence counsel. I was not allowed that right, which is one of the essential principles of our system of law.

David Maxwell-Fyfe was now the Lord Chancellor, as eminent a legal position as one could encounter. Sir Hartley Shawcross, one-time Attorney General, was now Chair of 'Justice', under whose auspices I was to be tried.

Sir John MacPherson, the Governor General of Nigeria whose orders I had challenged in 1956, was a school friend of the Lord Chancellor. MacPherson was now Under Secretary at the Colonial Office and worked closely with my Minister Julian Amery, the son-in-law of the Prime Minister, Harold Macmillan who had abandoned the rule of law by destroying Nigeria's democracy.

I was approached by Tom Sargant, the Secretary of 'Justice', who informed me that the Lord Chancellor Maxwell-Fyfe and his Shadow, Gerald Gardiner (who was to be Lord Chancellor in 1964), had decided that I could never be allowed to appear in an English court of law. Therefore I should be tried at 'Justice' and cross examined by Sir John Foster, QC, MP a renowned prosecution lawyer. There would be no jury. Foster's conclusions would be considered by Maxwell-Fyfe and Gardiner and they would come to a judgement. A transcript was made of the cross-examination, and the following week Tom Sargant met with me to advise me of the verdict. I had been denied due process and subjected to an illegal 'kangaroo trial' under duress.

Tom spoke as if there had been a victory for Foster had said I was telling the truth. Presumably they had thought I had been lying? Now, I was to be awarded a large sum of money in return for my word to accept a gagging order and consent to life-long exile.

I rejected these terms, which were identical to those the Governor General had offered me in Lagos and Oxford, plus threats to my life, freedom and liberty. I had simply declined to take part in rigging Nigeri['s Independence Elections. I did not protest for financial gain. I was not even a whistle-blower, but simply a law-abiding citizen and democrat.

The Government immediately carried out Sir James Robertson's threats to make me unemployable and subject me to life-time surveillance and harassment. My treatment as a 'traitor' was very much the way 'terrorists' are handled today by the Home Secretary, Charles Clarke. 'House arrest' is not news to MI5 targets like myself, who are totally innocent of anything except embarrassing Westminster politicians by exposing gross misconduct.

The British public are regarded as the enemy, and must be kept in the dark about major breaches of the law and dirty work abroad. Party leaders, in collusion on 'Privy Council terms', believe they are above the law and deny 'due process' to anyone they dislike. A craven legal profession and the media co-operate in these criminal machinations. Whitehall and their allies have pretended that Harold Smith never existed or has died or disappeared.

The people of Nigeria and Africa now know of Whitehall's breach of trust and dark machinations. In time, the British public will also know of this cover-up of the destruction of democracy, at great human cost, in Africa.

A 'Nuremberg Trial' of a law-abiding British citizen is another great scar on the conscience of Westminster politicians.

February 2005

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! National Security and 'Kangaroo' Courts

The British Constitution is largely unwritten. No comprehensive document has been written which details what is legal and what is not legal. Our government has evolved. It was not designed. Pragmatism rather than principle is the rule. In recent times many changes and reforms have been introduced.

Yet there is still incoherence and extensive secrecy. The intelligence services are prohibited from furthering the interests of any political party, and are vaguely supposed to protect parliamentary democracy. When I pointed out that the SIS (MI6) Charter stated this objective, and therefore SIS should be on my side as I was protecting democracy in Nigeria, Mrs Thatcher changed the objectives.

As we have two largely conservative parties taking turns in office, it is no big deal to enlist support from ex-Ministers to get round the political party problem. James Callaghan is very sympathetic to MI5/6 and their machinations. If the two major parties collaborate on Privy Council terms, do they need to be bound by the law? They can operate in secret if in doubt.

Tom Sargant of 'Justice' told me that the Lord Chancellor, David Maxwell-Fyfe, had agreed with his Shadow that I could never be allowed in an English court of law, as the story might get out! Was this 'authorised' by written Privy Council decree? And justified with 'national security'?

If there is no transparency, how can abuse be checked? What of my legal rights? Can I never appeal?

Democracy was destroyed in Nigeria with the consequent loss of three million lives. Is secret policy reviewed at any point and rectified if seen to be wrong?

Iain Macleod was a party to the conspiracy to rig Nigeria's elections, but when a long drawn-out war started as a direct consequence, he began to panic as the casualties ran into millions. He tried to put the bipartisan policy into reverse, but it was too late and three million innocents died.

February 2005

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! An Open Letter to 'Justice': The Strange Case of Gerald Gardiner and 'Justice'

In 1960 following an approach by Tom Sargant, the Secretary, I took part in a mock trial at 'Justice' and was subjected to a ruthless interrogation by an eminent QC and Tory MP, Sir John Foster It was established that I was telling the truth about the rigging of the Independence Elections in Nigeria by Prime Minister Harold Macmillan, with the support of leaders of the Labour Party.

The 'trial' was set up at the instigation of the Lord Chancellor, Viscount Kilmuir; the Labour Shadow Chancellor, Gerald Gardiner (who became Lord Chancellor in 1964); the Government Minister for the Colonial Office, Julian Amery; and, presumably, with the knowledge of Harold Macmillan who was Julian Amery's father-in-law.

When I had returned from Nigeria in the early summer of 1960, a well-known City lawyer (and acquaintance of Julian Amery) had written to Amery on my behalf. The letter exists on my Colonial Office personal file (Overseas Service WAF/P 1949). Amery informed Mr Chester-Barrett that I must be a lunatic as the Colonial Office had never heard of me. After Mr Chester-Barrett had produced my Contract of Service, Amery admitted that they did in fact know me very well. Sadly, there had been a fire which had destroyed all my records. All that remained was a charred file cover bearing my name.

At that time I did not know of Labour involvement (on Privy Council terms) in the rigging of Nigeria's Independence Elections. Tom Sargant made much of Gerald Gardiner's involvement with 'Justice', and I was enormously impressed. In a biography by his second wife, Muriel Box, Gerald is referred to as 'a man of immense humanity, generosity and humility ... motivated by a hatred of injustice ... who has devoted his life to bettering the lot of mankind.'

With the assistance of Sir John Foster and Peter Benenson (the co-founder of Amnesty) 'Justice' was set up in 1957 by Gerald as the British branch of the International Commission of Jurists. It would be an all-party organisation, consisting of leading lawyers representing the three main political parties, formed to 'uphold and strengthen the principles of the Rule of Law in the territories for which the British Parliament is directly or ultimately responsible: in particular to assist in the administration of 'Justice' and in the preservation of the fundamental liberties of the individual. It was also concerned to help the International Commission of Jurists to promote observance of the rule of law throughout the world.'

Naomi Sargant, had married Peter Kelly, a friend of my wife Carol. Peter and Carol were students at Queen Mary College. (Another student friend was Marcia Williams - Lady Falkender.) Naomi and Peter lived in a house in Victoria Park Square, Bethnal Green, owned by Peter Benenson, a friend of Tom Sargant.

My decision to go to Oxford in 1950 was motivated by my protest at Communist election rigging in the Amalgamated Engineering Union in 1949. I was blacklisted by the Union and became unemployable as an engineer. Had I known that Gerald was involved in a legal battle against Communists in the Electrical Trades Union on the issue of election rigging, I would have been very impressed. Gerald described the case as 'the biggest fraud in the history of British Trade Unionism.'

My studies at Oxford had taken me from Ruskin, where I trained in Bethnal Green as a social worker, to Magdalen (Gerald's old College, from which he had obtained a Fourth and been sent down!) The law had played a major role in my studies of the Poor Law, Industrial Relations, Local Government and Constitutional Law. In Nigeria I had drafted a Factories Act and, if I had not been chronically ill from 1960, I would probably have qualified as a barrister. As an Oxford MA with a Diploma in Public Administration, who had been invited to stay on at Oxford, this would not have been difficult.

In 1964 Gerald was held in such high esteem that he became Lord Chancellor in Harold Wilson's Labour Government. This was the background when Tom Sargant, father of an old friend, offered the assistance of 'Justice' in my whistle-blowing about the destruction of democracy in Nigeria. I was not alone in regarding this matter as political dynamite. The Governor General of Nigeria had accompanied offers of a knighthood and top jobs etc., with threats of permanent exile from Britain and threats to my life. The latter, which sound so melodramatic, were confirmed by a top British civil servant in Lagos who urged me to flee, and by MI5 and CIA agents there. A British Defence Minister later suggested in a letter to me that I had been poisoned by Porton Down! I had returned from Lagos like a skeleton and was diagnosed with multiple sclerosis, later corrected to tropical sprue, which is rarely found in Africa.

Tom Sargant informed me that in the opinion of Gerald, I would never be allowed in an English court of law. This was also the view of the Lord Chancellor. If, after a 'trial' under the auspices of 'Justice', I was proved truthful and my allegations correct, I would have 'Justice' on my side. I saw my career problems as secondary, and - incorrectly as it turned out - thought that 'Justice' would challenge Whitehall regarding the rigging of Nigeria's Independence Elections.

The numerous top jobs I had been offered in 1957, including a research post at the TUC and as a consultant to the State Department in London, would have been threatened by George Foggon, a corrupt Nazi sympathiser, who had tried to sack me in Lagos when I protested at the election rigging. Now in London, he had compiled a 'dirty dossier' which left out the excellent reports on my work, my drafting of the Factories Act, and a commendation by Lord Grey. Foggon described me to Esso as a traitor who must never be employed in the United Kingdom. He threatened reprisals against Esso by Whitehall if they employed me! After a long list of my character defects he concluded that I had 'all the faults of my race.' Some months later, after I had revealed some of his corruption to a Personnel Chief named Douglas at the Colonial Office, both Foggon and Douglas recommended my return to Nigeria! The lies and character assassination are detailed in a copy of my personal file (Overseas Service WAF/P 1949), supplied to me by Jack Straw in 2004, after his officials and the Cabinet Office had yet again strenuously denied that I existed in 2003 .

I had fled Lagos after threats to my life. Francis Nwokedi, my Permanent Secretary, had flown to London to see me. I refused to see him. The CIA were offering a safe haven in Washington and had given me a password and an emergency phone number, which I had reason to use and met the CIA station chief in London. The Governor General had contacted my friend Philip Williams (the biographer of Gaitskell) and he renewed his offer of top honours etc. in return for my silence. Philip was frightened. Robertson had used homosexual blackmail in Lagos against my friend Michael Crowder, who was very promiscuous. Philip was single and a confirmed bachelor, and that was all.

At the Holloway Labour Exchange where I had a temporary job, I was photographed and filmed with the Duke of Edinburgh during a royal visit. He told me that the Empire was a 'load of bollocks'. I also met John Hare, the Minister of Labour, who was on his way to Nigeria. I was featured in a cover photograph in the Ministry of Labour Staff Magazine. This was the background to my being interrogated by Sir John Foster at 'Justice'.

Tom said this job at 'Justice' was very important to him. He could not advise me or appear too close. He was carrying out his instructions. (However, we did discuss his daughter's marital problems. Tom knew that I had tried to help Naomi as a friend. My website has more details.)

Sir John was ruthless, frightening, merciless and hateful. It was an awful experience, but I stuck to my account through the repeated questioning and insinuations. Suddenly he was shaking my hand and comforting me. I was so shaken up that I was really upset. He complimented me and was a totally different person. Kind, considerate, sympathetic. He had had to test me to the limit to be sure that I was truthful, public spirited, honest, etc. etc. Later, Tom said I had done well. I had 'won', and was to be awarded damages and much more by Government.

When I saw Tom the following week the offer was of a large sum of money. Honours, a top job, etc. etc. in return for my word never to reveal what I knew of the Government's disgusting destruction of democracy in Nigeria.

I said to Tom that this had been offered already by the Governor General. I was not protesting for personal gain. I had been treated abominably because of what I witnessed in Lagos. I could not possibly give my word to cover it up. Tom was nice to me but was very worried for my future.

Retaliation against me was very swift. The Governor General had threatened I would never work again, and disgusting means were employed to stop my working at the Holloway Labour Exchange. It was 1957 all over again. I became very ill. The future was bleak. Whistleblowers often kill themselves. I know how desperately depressing all that is, but I had Carol, who believed in me, and two lovely small daughters. It was not easy, but in helping others we gained strength and somehow survived.

What are we to make of 'Justice', which was such a let-down? Gerald was a great man. Sir John seemed thoroughly decent. Tom was a splendid man. We later came across Benenson through the Coeliac Society. He was also an idealist and very public spirited. (Sadly, Peter was very mentally troubled and ill. Was there something sinister in our having identical gut-wasting problems?)

Labour and the Macmillan Government set aside democracy in Nigeria. These machinations brought on a coup, and a British counter coup when Labour was in power, and a civil war (so-called) which killed three million innocents. Gerald and others, like Callaghan, held high office and were complicit in the dirty machinations of 1960.

On a personal note, 'Justice' had not lived up to its aims in protecting me. I was abandoned. In so far as exposure threatened 'Justice' for its failure regarding Nigeria, they did not and may still not wish me well, and treat me with hostility. I can only approach them honestly and see how they react.

January 2005

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! Orwellian Unperson

In 1960, David Maxwell-Fyfe, the Lord Chancellor - a Balliol man, and the youngest QC for 300 years - had an unusual case. (Two years later, Macmillan would sack him in the night of the long knives.) Gerald Gardiner, the Shadow Lord Chancellor, was a Magdalen man but had been sent down with a Fourth. Lord Shawcross, the Chair of 'Justice' did not bother with a degree at all.

I was the difficult case. I left school at thirteen and, in 1954, took a Second at Magdalen after two years.

Perhaps Shawcross (a former Attorney General on the Labour side) and Gerald Gardiner (a future Labour Lord Chancellor) resented a council estate boy who had drafted a Factories Act and defended the rule of law against trade union bosses and Imperial nabobs, alike. The friends of these lions of the legal establishment were to spend the rest of the century denying that I ever existed.

After a Kangaroo Court* trial at 'Justice', it was decided that I should become an Orwellian unperson lest my defence of the rule of law should embarrass Whitehall and Westminster and graduates of the illustrious Inns of Court.

Over twenty years earlier, my friend Frank Meade had put up Orwell in his neat Manchester council house when Orwell was on his way to largely invent the lurid degradation of Wigan. Frank was not particularly impressed by Orwell, but I had no problem in seeing a parallel between my 'kangaroo' trial by two chief Nuremberg prosecutors and the nightmare world of Orwell's '1984'. I had upheld the rule of law and was being charged with treason. My prosecutors were covering up the most flagrant abuse of the rule of law, and were seeking to punish me by permanent exile from the UK. In an Orwellian-like phrase, the animals had taken over the zoo and were intent on expelling the keeper to a faraway shore.

The odds at my 'kangaroo' trial were decidedly and deliberately stacked against the defendant, for I was not allowed a defence. My lawyer, Mr Chester Barrett, was to be excluded from the smooth tenor of the proceedings, lest he introduce a jarring note. It may have been a quiet, illegal trial near the Inns of Court, but in spirit it was a Soviet showcase trial of the 1930s and some, but not I, would say, the trial by the victors of the vanquished at Nuremberg.

Had I been allowed my day in a legal British court, I would have suggested that, at the dissolution of the mighty British Empire, the principle of 'might is right' was triumphant, and the light of liberty, justice and the rule of law had been extinguished.

January 2005

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! Supermac and Supershell: The Hartley and Maxwell Story

In 1960, Tom Sargant, the Secretary of 'Justice' told me that, as the Lord Chancellor - Viscount Kilmuir, aka David Maxwell-Fyfe - and his Shadow Gerald Gardiner - Lord Chancellor in 1964 - had agreed that I would never be allowed into an English court of law, I should be given a 'trial' at 'Justice'. My lawyer, Chester Barratt, who was writing letters to the Colonial Office on my behalf, was side-stepped, and I had no defence at my illegal 'kangaroo' trial.

The reason for my 'trial' was supposedly my claim for damages against Government for what they had done to me after my first tour of duty in Nigeria. I had never believed I would get into court. I knew I had no chance of winning. What I wanted was to stop them doing it again and my real fears of the consequences for Nigeria unless something was done, even at this late stage, to put matters right.

. It was the mention of Gerald Gardiner that calmed my fears and Tom's reassurance that the whole thing was a good idea. I now know that it was a bad idea, but it is impossible to describe why I was foolish and agreed to attend. I was extremely tired, and had lost several stones in weight. I needed to talk it over at great length with a sympathetic advisor, but everything took so long and things moved so fast. In the end it was Tom and my liking and, I suppose, my trusting him that did it. The whole thing was a fraud. It was a conspiracy to shut me up. They thought I was an idealistic, young fool - and they were right. I was also very honest.

I was protesting that Britain's interest in the Shell oilfields had brought her to destroy the future of democracy in Nigeria. Now, the voice of Shell Oil, Sir Hartley Shawcross, was holding a 'kangaroo' court at 'Justice' where he was Chairman, and I was on trial without a lawyer to defend me. I was at the mercy of the Shell Oil interests; Sir Hartley the Shell spokesman; and his friend the Prime Minister, Harold Macmillan. We had Supershell and Hartley and David - almost a vintage motorbike. The two of them had fooled around together while eating dinners at Gray's Inn. The two young lawyers had become famous at Nuremberg. Now they were in partnership again to destroy democracy in Africa.

Let us be clear. The rigging of Nigeria's Independence Elections and the consequent deaths of three million innocents was an international war crime, which is why MI5 and MI6 and GCHQ and Porton Down had been employed to shut me up for many years. Britain (the mother of parliaments, the great British Empire, the great Western democracy) condemned Nigeria, this giant African state, to become a basket case after a plethora of coups, assassinations, dictatorships, and warfare - all on a par with Imperial Rome.

Harold Macmillan, Supermac, was, I believe, a machiavellian thug disguised as an English country gentleman. He described Africans as 'barbarians'. His lack of public morality links him to Stalin. I doubt that the loss of three million lives in Iboland worried Supermac very much. Stalin had the same attitude. He said that the loss of one life was a tragedy, but the loss of a million was a statistic.

These gentlemen were the cream of the British legal establishment, and they put me on trial for treason. I was a nobody who left school at thirteen and was brought up on a council estate in Manchester. I served an engineering apprenticeship and, after service in the RAF in Egypt, fought communists who were rigging elections in the Engineering Union. I believed that the rigging of elections in Africa by the British Government was also criminal. It was also stupid, and set a terrible example. How were our stooges ever going to win an election once the British went home. It is evident that Supermac only cared for quick fixes.

In 1960 I continued to protest through official channels. That did not prevent threats to my life by the Governor General of Nigeria, Sir James Robertson, who had hanged natives in the Sudan for handing out leaflets! His boss, the British Prime Minister Harold Macmillan, was quite bloodthirsty too, and at the same period in Kenya Africans were made to dig a grave and were then hit on the head with the spade and buried.

The Whitehall secret file on Harold Smith contains contingency plans to eliminate me. Clearly Macmillan did not want to be found out, and the only reason I am alive to tell the tale is because my whistle-blowing had been a failure.

Some form of legitimacy was desirable - this being Britain - and that meant lawyers. The Government had committed treason and somehow it had to shut me up. There was a lot of discussion, and some would cheerfully have belted me on the head with a spade. One Whitehall insider in recent years advised against lonely walks along the canal beside my rural cottage!

How to shut me up was agonised over by the best legal brains in the UK. As I had been working for Government as a lawmaker, and had drafted the Nigerian Factories Act, this was perhaps an embarrassment, but was easily resolved. My open personal file was graced with a statement that I was not a lawmaker at all and had not drafted laws. So that was that. Orwell would have loved this very British expedient. I was, of course, vilified too. Traitor and scoundrel were the least of it. I could hardly be tried, however, in open court, though this was considered. Even a picked or packed court could be dangerous for the plotters, for indeed they were the truly guilty ones.

Eventually, some mighty legal talent was assembled, and arrived at a solution. Somehow I had to be persuaded that I had 'won' and could stop whistle-blowing. Loaded with honours and a lot of money awarded secretly, I could then go off to the Far East and in some remote place be disposed of quietly. Intoxicated by success, 'Sir Harold' would consent to a life-time gag and permanent exile.

Sir David Maxwell-Fyfe (one of many Scots - fellow Celts - who hated me for not putting my career first) was the Lord Chancellor. He achieved fame as the deputy chief British prosecutor at the Nuremberg trials in which his chief, Hartley Shawcross played only a minimal role. Those trials were legal and open, and the accused were allowed a defence. My lawyer, Mr Chester-Barratt, had startled the Government by claiming to be acquainted with a Colonial Office Minister, Julian Amery, the Prime Minister's son-in-law. It was thought prudent to deny me a defence or we might turn the tables and prove the Government guilty!

The chief prosecutor at Nuremberg was Sir Hartley Shawcross, the former Attorney General. He was now Chair of 'Justice', founded to bring the protection of the law to the people of Africa. Hartley was readily persuaded by Maxwell-Fyfe, now known as Viscount Kilmuir, that 'Justice' would lend an aura of legality and respectability to a court at which Smith could be tried without publicity, that is a 'kangaroo' court. As it would be secret, no one could point out that this was illegal and an awful miscarriage of justice. Means had to be found, and all this 'fixing' was necessary. After all, they had already fixed elections in Nigeria. This was just a postscript to the Nigerian fix, and a tidying up exercise.

Macmillan gave Shawcross a peerage (but Hartley says he could hve been made a Viscount if he had wanted) and it just happened that Hartley had become a Shell Oil VIP, and their discovery of large quantities of oil in Nigeria was the major reason for fixing the elections there, so that the oil would be in 'safe' hands. Shawcross was a friend of Gerald Gardiner, the Labour Shadow Lord Chancellor, who would take office in 1964. As Labour had also agreed to destroy democracy in Africa because it was 'necessary', Gerald agreed to approve the trial.

The Colonial Office Minister, Iain Macleod had little choice but to go along, although he did try to back out when millions began to die as a consequence of these machinations, as did Labour's Jim Callaghan, but it was too late. His junior Minister, Julian Amery, enjoyed this sort of dirty work enormously and almost made a full-time occupation of 'covert operations'.

A prosecutor was needed, and Maxwell-Fyfe, Gardiner and Shawcross decided that it would be better to use someone not too well known. Actually their choice, Sir John Foster, QC, MP, was very well known as a prosecutor for his ferocious manner. He too was experienced with traitors, for he had tried to defend John Amery who had assisted the Nazis. John was hanged in the Tower. As there was a Cold War on, there were undoubtedly some, including my former boss George Foggon, a Nazi-sympathiser himself, who would have wished a similar fate on me.

Maxwell-Fyfe was to act as teller in another vital election when Macmillan was chosen to be Prime Minister over Butler. He found for Macmillan. No doubt to Hartley's chagrin, David ended up as an Earl.

Four eminent lawyers, a Prime Minister, a Governor General, and two Ministers! This was some Star Chamber Trial for a nobody off the council estate!

After my trial at 'Justice', Hartley and Maxwell went off to Nigeria hand in hand for the Independence Celebrations. It was a beautiful friendship, just like the one between Rick and Captain Louis Renault when they wandered off together at the end of 'Casablanca'.

 January 2005

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! A World Turned Upside Down

I was well acquainted as a Labour Officer with the laws of Nigeria, as not only were my duties defined in the Labour Code and other acts, but I had drafted The Factories Act. There were extensive election laws once the British agreed on majority rule.

In 1956 the British parachuted in a new Governor General who, as agreed in Whitehall, on the q.t. let it be known to the white administration that we were not going to have fair, legal elections any more. The Independence Elections were going to be rigged to keep the Shell oilfields in safe hands. According to Sir James Robertson, I was the only Britisher who queried this and thought it was not only madness but criminal and evil. Actually three officials visited the Chief Secretary's Office to confirm what was happening, but the other two buckled, and ran, and denounced me as the ringleader of the protest.

Lord Hartley Shawcross, a Shell Oil VIP, made a Lord by the Prime Minister as a favour to a friend, was Chair of 'Justice' and, persuaded that I was a traitor (for upholding the law!) gave me a 'Kangaroo trial'* and rough justice at 'Justice', set up to uphold the law and extend it to Africa! Sir John Foster, as Prosecutor, launched a vitriolic attack on me. As I was not allowed a lawyer to defend me, he had nothing to fear by way of contradiction. He accused me of betraying my colleagues, in effect snitching on them. In fact, as a traitor, I was ratting on everybody. I was the public school sneak personified.

Strange, but I thought I was upholding the law. I have no idea what my thousands of colleagues thought, even if they went along with this criminality under duress.

The leadership of the major UK Parties is stuffed with QCs. Whey they collectively engage in criminality, I do not know what their collective noun is. A "quorum"; a "quango"; a quackery"? (However, "quackery" may be reserved for a collection of suspect doctors.) A "quagmire" or "quail"? A "quaint" or "quake" or "qualm"? Surely not a "quality"? A "quash" or "quasi" or "quaver"? Not a "queen" in a strictly non-royal sense! A "queasy" is too nauseating, and a "querulous" is too peevish and plaintive. A "quibble" has merit, but so have "quidnunc" and "quiddity". A "quintessence" is not fitting, and a "quirk" is too mild. We are getting close with "quisling" if we rate respect or love of the law? A "quote" is not quite sufficient, and we must rule out "quondam" and "quotidian".

Perhaps they deserve the term a "quiminality", if reduced to a stammer by their presumption. Surely too, a Kangaroo Trial* staffed by real QCs must be a "Quangaroo Trial", particularly so if they are also shady politicians. Which brings me to Lord Shawcross, in memory of whom perhaps we should drop 'Kangaroo'. Henceforth our name for an illegal court should be a 'Hartley'.

The world of law was indeed turned upside down by the proceedings at 'Justice' in 1960, specially designed to give rough justice to a 'turncoat'. The revenge motive was only paralleled by a Cambridge lawyer who served as Chief Justice in Nigeria for the trading companies, which became the British administration. He returned from Africa and, as a close friend of Marx and Engels, translated 'Das Kapital' for the whole world to read. That puts my rebellion over the Internet into perspective!

January 2005

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