Witness Statement 189 - Regina -V- michael John Smith



^ Witness Statement Page 189


Form MG 11A(T)


CONTINUATION OF STATEMENT OF Oleg Gordievsky


corner the series of the identity card NK-4. A line on the right хэнд side says “valid until 31st December Witness Statement 189 - Regina -V- michael John Smith 1985”. On the right хэнд side of the card the text says “Committee of State Security of USSR. Identity card NK No. 3406 Lieutenant-Colonel GORDIEVSKY Oleg Antonovich. Holding the office of Senior Assistant Witness Statement 189 - Regina -V- michael John Smith of Department Head. The owner of this card is permitted to store and to carry arms. Deputy Chairman of State Security” (signed). On the right хэнд side is the same emblem as on Witness Statement 189 - Regina -V- michael John Smith the left of the card. I produce this card as exhibit OG/1. When I was escaping from Russia in July 1985 I had it with me as a precaution in case I was arrested Witness Statement 189 - Regina -V- michael John Smith in the border area. I have also been shown exhibits marked JS/45, JS/46, JS/47 and a series of photographs exhibit PA/2. In the light of my previous statement I have been asked Witness Statement 189 - Regina -V- michael John Smith for my opinion on these maps. The marks on the map of Oporto marked JS/45 look to me as if they could have an intelligence purpose. They could have been Witness Statement 189 - Regina -V- michael John Smith marks of dead letter boxes, signal sites or agent meeting places. Most likely these places, three of which have a well protected and transparent bus shelter, are perfect meeting places or visual contact places Witness Statement 189 - Regina -V- michael John Smith, while the fourth place looks like a cosy and convenient meeting place. Another possibility is that the crosses on the map are marks of the route which a KGB contact is supposed to Witness Statement 189 - Regina -V- michael John Smith follow probably stopping for a short period of time at bus-stops before his meeting with a case officer in order to be checked as to whether he is being Witness Statement 189 - Regina -V- michael John Smith followed by hostile surveillance. It is the bus-stops that are marked in this small area that lead me to this conclusion. Having said this, that the marks could have an intelligence purpose, I Witness Statement 189 - Regina -V- michael John Smith have not sufficient information to be certain that they are.


Signed O. Gordievsky Signature witnessed by M. Morrissey DI


Witness Statement Page 190


Form MG 11(T)


^ STATEMENT OF Michael Anthony BYRNES

Age if under Witness Statement 189 - Regina -V- michael John Smith 21 Over 21


Dated 26 April 1993


This statement, (consisting of 2 pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it Witness Statement 189 - Regina -V- michael John Smith is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.


On April Witness Statement 189 - Regina -V- michael John Smith 23rd 1993 the financial controller of the company which employs me, Jacqueline Beck, asked me, in my capacity of credit controller, to gather all the available paperwork and computer held records on the Witness Statement 189 - Regina -V- michael John Smith financial transactions between The Synthesizer Company Limited and Mr Mike Smith of 48A Burton Road, Kingston-Upon-Thames, Surrey. This was, she said, in response to a request from police to obtain a statement Witness Statement 189 - Regina -V- michael John Smith from a representative of the company in regard to monies received from Smith and products purchased by him. On Monday, 26th April 1993 DC Richards of New Scotland Yard attended my office and Witness Statement 189 - Regina -V- michael John Smith showed me two exhibits marked JS/39 and RR/3, and asked me to explain the difference in prices quoted on JS/39, a preliminary quotation, and RR/3 a handwritten receipt. He also asked Witness Statement 189 - Regina -V- michael John Smith me to list all items purchased by Smith from The Synthesizer Company. Exhibit JS/39, described as two pieces of paper, ignoring that headed ‘SYCO Invoice’, is in essence a preliminary Witness Statement 189 - Regina -V- michael John Smith quotation prior to the making of a contract, the prices found thereon are all approximate and open to negotiation. All the items listed on the quotation, except that described as ‘CNI RMCD, 44MBHD and CD Witness Statement 189 - Regina -V- michael John Smith ROM’ were purchased by Smith under Order number S7253. RR/3, a handwritten receipt, is a document in confirmation of Smith’s payment of £10,062.50 for these and other goods under Order number S Witness Statement 189 - Regina -V- michael John Smith7253. The discrepancies between prices quoted and those paid by Smith are a result of haggling between Smith and the representative with whom he dealt. A list of items purchased by Smith Witness Statement 189 - Regina -V- michael John Smith on this occasion is held on invoices, copies of which I gave to DC Richards on the 26th April 1993 and which I submit as


Signed M. Byrnes Signature witnessed by R. Richards Witness Statement 189 - Regina -V- michael John Smith DC


Witness Statement Page 191


Form MG 11A(T)


CONTINUATION OF STATEMENT OF Michael Anthony BYRNES


exhibit MAB/1. These all relate to Order No. S7253 but two bear different Order numbers being S16847 and Witness Statement 189 - Regina -V- michael John Smith S7488. This can be accounted for by our warehouse being out of stock of the products listed at the time of ordering and their having to be recorded under another reference. The Witness Statement 189 - Regina -V- michael John Smith invoice total for the goods is £10,062.49, a difference of £0.01 which is a rounding up of the VAT charged on the deal. I was also shown by DC Richards an exhibit marked RR/1, a Witness Statement 189 - Regina -V- michael John Smith statement of the account of Mr Mike Smith. This is a true record of his account as relates to Order S7253 but is not a full record of all Smith’s transactions. I Witness Statement 189 - Regina -V- michael John Smith produce a full account of Smith’s dealings with The Synthesizer Company as exhibit MAB/2 and include in this exhibit invoices relating to the balance of his dealings with my Witness Statement 189 - Regina -V- michael John Smith company outside those dealt with in exhibit MAB/1. I am willing to attend Court as a witness if necessary.


Signed M. Byrnes Signature witnessed by R. Richards DC


Witness Statement Page 192


Form MG 11(T)


^ STATEMENT OF Witness Statement 189 - Regina -V- michael John Smith Michael Anthony BYRNES

Age if under 21 Over 21


Dated 27 April 1993


This statement, (consisting of 1 pages each signed by me) is true to the best of my knowledge and belief and I make Witness Statement 189 - Regina -V- michael John Smith it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not Witness Statement 189 - Regina -V- michael John Smith believe to be true.


Further to my statement dated 26th April 1993, DC Richards re-attended my office on 27th April 1993 at 10.30. DC Richards packaged and sealed exhibits MAB/1 and MAB/2 in my presence and Witness Statement 189 - Regina -V- michael John Smith I signed the labels affixed to both. MAB/1 I describe as five (5) sheets of invoice paper relating to purchases by Mike Smith. MAB/2 I describe as the history of Witness Statement 189 - Regina -V- michael John Smith transactions of Mike Smith plus four (4) sheets of invoice paper. Both exhibits were as I had handed them to DC Richards on 26th April 1993.


Signed M. Byrnes Signature witnessed by R. Richards Witness Statement 189 - Regina -V- michael John Smith DC


Witness Statement Page 193


Form MG 11(T)


^ STATEMENT OF Ronald GILBERTSON

Age of Witness (date of birth) Over 21


Dated 7 May 1993


This statement, (consisting of 1 pages each signed by me) is true to the best of my knowledge Witness Statement 189 - Regina -V- michael John Smith and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I Witness Statement 189 - Regina -V- michael John Smith know to be false or do not believe to be true.


On Thursday, 7th May 1993 I attended an annex of the Metropolitan Police Forensic Laboratory at Denmark Hill, London. By making Witness Statement 189 - Regina -V- michael John Smith reference to exhibit MAB/1, an invoice from The Synthesizer Company addressed to Mr Mike Smith, 48A Burton Road, Kingston Upon Thames, Surrey, I found that exhibit PMS/2 - a Macintosh computer monitor, exhibit Witness Statement 189 - Regina -V- michael John Smith PMS/4 - a Diki Devices hard disk and cartridge unit, exhibit PMS/5 - a Macintosh computer keyboard, exhibit PMS/6 - a Macintosh computer, and exhibit PMS/8 - a Toshiba compact disk drive, are the same makes and types of Witness Statement 189 - Regina -V- michael John Smith those items described on exhibit MAB/1. Exhibits PMS/2, PMS/4, PMS/5, PMS/6 and PMS/8 have been in police possession since 8th August 1992.


Signed R. Gilbertson DS Signature witnessed by


Witness Statement Page 194


Form Witness Statement 189 - Regina -V- michael John Smith MG 11(T)


^ STATEMENT OF Marcia Anita ASHWOOD-LUCK

Age if under 21 Over 21


Dated 22 April 1993


This statement, (consisting of 2 pages each signed by me) is true to the best of my knowledge and belief and Witness Statement 189 - Regina -V- michael John Smith I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or Witness Statement 189 - Regina -V- michael John Smith do not believe to be true.


I am the owner of two florist shops in the Kingston-upon-Thames area. Ashwood Florists at 83 Surbiton Road, Kingston-upon-Thames and Tudor Florists at Witness Statement 189 - Regina -V- michael John Smith 172 Tudor Drive, Kingston-upon-Thames, which I have owned for roughly four years. I employ 2 full time staff, both women, who each work at one or other shop, and two Witness Statement 189 - Regina -V- michael John Smith part-time staff, again both women, who fill in at whichever shop I need them to. I have been asked who would have been working at Tudor Florists on the morning of Saturday Witness Statement 189 - Regina -V- michael John Smith August 8th 1992 and if there would have been any men on the premises. That would have been one of my full time staff, Katherine GOULD, who would have been there from 8.30am Witness Statement 189 - Regina -V- michael John Smith to 5.30pm. I don’t actually employ any male staff, however, there are three men who help out delivering flowers on an ad-hoc basis, Colin BUTLER, Frederick WHEELER and his son Witness Statement 189 - Regina -V- michael John Smith David WHEELER. Of these three, it would most likely have been David WHEELER who would have been at Tudor Florists that day. David’s wife Susan is one of my part Witness Statement 189 - Regina -V- michael John Smith-time staff, and he helps her out as and when he is needed. Obviously, delivering flowers means he would have been in and out of the shop, and my shop at Surbiton Road, most Witness Statement 189 - Regina -V- michael John Smith of the day. I understand that I may


^ Signed M. A. Ashwood-Luck Signature witnessed by C Robson DC


Witness Statement Page 195


Form MG 11A(T)


CONTINUATION OF STATEMENT OF Marcia Anita ASHWOOD-LUCK


have Witness Statement 189 - Regina -V- michael John Smith to attend court and give evidence if required. I would like to add that whoever is delivering flowers would usually take a full load of flowers and only come Witness Statement 189 - Regina -V- michael John Smith back to either shop once or twice during the day.


Signed M. A. Ashwood-Luck Signature witnessed by C Robson DC


Witness Statement Page 196


Form MG 11(T)


^ STATEMENT OF Colin BUTLER

Age if under 21 Over Witness Statement 189 - Regina -V- michael John Smith 21


Dated 20 April 1993


This statement, (consisting of 1 pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered Witness Statement 189 - Regina -V- michael John Smith in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.


I have assisted selling flowers, generally Witness Statement 189 - Regina -V- michael John Smith helping out, in Tudor Florists at 172 Tudor Drive, Kingston-upon-Thames, Surrey, for about the last four years. I also help out at Ashwood Florists, which is also owned Witness Statement 189 - Regina -V- michael John Smith by Mrs N. Ashwood-Luck, the owner of Tudor Florists. I have, today, been approached by DC Robson, from New Scotland Yard, who is investigating offences against the Official Secrets Act committed Witness Statement 189 - Regina -V- michael John Smith by a Michael John SMITH. She has asked me if I can remember whether or not I was working at the Tudor Drive Florists on the morning of Saturday 8th August 1992 and Witness Statement 189 - Regina -V- michael John Smith if a man wearing a purple T-shirt, blue jeans and blue canvas shoes asked me for directions to Cardinal Drive. I cannot remember specifically if I did help out in the Witness Statement 189 - Regina -V- michael John Smith shop that day, but I can say that I have never been asked for directions to Cardinal Drive. I understand that I may have to go to court and give evidence regarding Witness Statement 189 - Regina -V- michael John Smith this matter.


Signed C. Butler Signature witnessed by C Robson DC


Witness Statement Page 197


Form MG 11(T)


^ STATEMENT OF David WHEELER

Age if under 21 Over 21


Dated 20 April 1993


This statement, (consisting of 1 pages each signed by me) is Witness Statement 189 - Regina -V- michael John Smith true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully Witness Statement 189 - Regina -V- michael John Smith stated in it anything which I know to be false or do not believe to be true.


I am employed as a storeman for Albright Engineering, Red Lion Road, Surbiton Witness Statement 189 - Regina -V- michael John Smith, however, on most Saturdays for the last four years I have helped my wife out in her Saturday job at Tudor Florists, 172 Tudor Drive, Kingston Upon Thames, Surrey. Today, I have met Witness Statement 189 - Regina -V- michael John Smith with DC Robson from New Scotland Yard, who is investigating offences committed under the official Secrets Act by Michael John SMITH. I have been asked if I was helping out in the shop on Witness Statement 189 - Regina -V- michael John Smith the morning of Saturday, 8th August 1992, and if a man, Michael SMITH, dressed in a purple T shirt, blue jeans and blue canvas shoes came in and asked directions to Cardinal Drive Witness Statement 189 - Regina -V- michael John Smith, Kingston. I think I most probably was in the shop that morning, but I do not remember anyone asking for directions to Cardinal Drive. I’m sure I would remember-if anyone Witness Statement 189 - Regina -V- michael John Smith asked for that road, because it doesn’t exist in that area. I understood that I may have to attend court and give evidence.


Signed D. Wheeler Signature witnessed by Witness Statement 189 - Regina -V- michael John Smith Christine Robson DC


Witness Statement Page 198


Form MG 11(T)


^ STATEMENT OF Frederick Albert WHEELER

Age if under 21 Over 21


Dated 22 April 1993


This statement, (consisting of 1 pages each signed by me) is true to the best of my knowledge Witness Statement 189 - Regina -V- michael John Smith and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to Witness Statement 189 - Regina -V- michael John Smith be false or do not believe to be true.


I have been retired for just over four years, however, to help my daughter-in-law, Susan WHEELER, I help to deliver Witness Statement 189 - Regina -V- michael John Smith flowers for Ashwood and Tudor Florists on an ad-hoc basis. Both shops are owned by Mrs Marcia ASHWOOD-LUCK. The Tudor Florists shop is at 172 Tudor Drive, Kingston-upon Witness Statement 189 - Regina -V- michael John Smith-Thames, however, I tend to deliver from the Ashwood Florist’s shop more often than not. I have met DC Robson from New Scotland Yard who is investigating offences committed against the Witness Statement 189 - Regina -V- michael John Smith Official Secrets Act by Michael John SMITH. I have been asked if I would have been working at the Tudor Florists on the morning of Saturday, 8th August 1992 and if I can remember a Witness Statement 189 - Regina -V- michael John Smith man dressed in a purple t-shirt, blue jeans and blue canvas shoes asking directions to Cardinal Drive. It is very unlikely that I would have been at Tudor Florists that morning Witness Statement 189 - Regina -V- michael John Smith as my son, David WHEELER, tends to help Susan on Saturday’s. To my recollection no-one has ever asked me for directions to Cardinal Drive. I do not know Michael John Witness Statement 189 - Regina -V- michael John Smith SMITH. I understand that I may have to attend court and give evidence.


Signed F. A. Wheeler Signature witnessed by C Robson DC


Witness Statement Page 199


Form MG 11(T)


^ STATEMENT OF Stephen Witness Statement 189 - Regina -V- michael John Smith John BEELS

Age if under 21 Over 21


Dated 4 May 1993


This statement, (consisting of 2 pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if Witness Statement 189 - Regina -V- michael John Smith it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to Witness Statement 189 - Regina -V- michael John Smith be true.


I have examined exhibits RH/21, PMS/14 and RH/20, British passports issued to Michael John SMITH, born 22nd September 1948, in particular the entry and exit stamps, and visas, entered on the Witness Statement 189 - Regina -V- michael John Smith various passport pages. Exhibit RH/21, passport No. P498414 issued at Peterborough passport office on 6th July 1970 which expired on 6th July 1980, contains the following entry and exit stamps, and visas, which are discernible to me Witness Statement 189 - Regina -V- michael John Smith and which I have listed chronologically:


DATE


STAMP

LOCATION

20(?)-07-70

14-08-70

17-08-70

17-08-70

17-08-70

20-08-70

20-08-70

09-09-70

09-09-70

12-07-71

20-07-71

05-08-71

19-10-72

02-11-72

Entry

Entry

Exit

Visa

Entry

Exit

Entry

Exit

Entry

Entry

Entry

Exit

Entry

Exit

Ostend, Belgium

Bulgaria

Bulgaria

Turkey

Turkey

Turkey

Greece

Greece

Italy

Calais, France

Andorra

Madrid, Spain

Alicante, Spain

Alicante, Spain


^ Signed S. Beels DS Signature witnessed by


Witness Statement Page 200


Form MG 11A(T)


CONTINUATION OF STATEMENT OF Stephen BEELS


DATE


STAMP

LOCATION

27-07-73

01-09-73

15-09-73

16-08-74

21-06-76

19-08-76

26-08-76

Entry

Entry

Exit

Entry

Visa

Entry

Entry

Ostend Witness Statement 189 - Regina -V- michael John Smith, Belgium

Athens, Greece

Athens, Greece

Pula, Yugoslavia

U.S.A. visa issued London

Chicago, U.S.A.

Windsor, Canada


Exhibit PMS/14, passport No. 611898B issued at London passport office on 22nd July 1977 which expired on 22nd July 1987, contains Witness Statement 189 - Regina -V- michael John Smith the following entry and exit stamps which are discernible to me and which I have listed chronologically:


DATE


STAMP

LOCATION

11-08-77

11-08-77

13-08-77

20-09-78

21-09-78

21-07-79

08-06-80

24-06-80

07-09-86

Exit

Entry

Exit

Entry

Exit

Entry

Entry

Exit

Entry

Spain

Portugal

Portugal

Caia, Portugal

Caia, Portugal

Ibiza

Crete, Greece

Crete, Greece

Malaga, Spain


Exhibit RH/20, passport No. 516314L issued at Newport passport office on 2nd Witness Statement 189 - Regina -V- michael John Smith June 1988 which expires on 2nd June 1998, contains the following entry and exit stamps which are discernible to me and which I have listed chronologically:


DATE


STAMP

LOCATION

10-09-88

24-09-88

Entry

Exit

Sevilla, Spain

Sevilla, Spain


Signed S. Beels DS Signature witnessed Witness Statement 189 - Regina -V- michael John Smith by


Witness Statement Page 201


Form MG 11(T)


^ STATEMENT OF Judith Elizabeth RUSHTON

Age if under 21 Over 21


Dated 29 April 1993


This statement, (consisting of 1 pages each signed by me) is true to the best of my Witness Statement 189 - Regina -V- michael John Smith knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know Witness Statement 189 - Regina -V- michael John Smith to be false or do not believe to be true.


I am a personnel assistant for Eli Lilly and Company, a pharmaceutical manufacturers with whom I have worked for two Witness Statement 189 - Regina -V- michael John Smith years. I have today met with Detective Constable Christine Robson regarding Michael John SMITH who, I have been informed, has been charged with offences under the Official Secrets Act. SMITH was Witness Statement 189 - Regina -V- michael John Smith due to begin employment with our company on the 10th August 1992, as a Temporary Procedures Writer, the anticipated duration of his employment was to November 1992, although this could have been extended. SMITH’s C Witness Statement 189 - Regina -V- michael John Smith.V. was faxed to us on the 17th June 1992 by Lab Staff Ltd, an employment agency, I now refer to this fax as JER/1. I am also in possession of a Witness Statement 189 - Regina -V- michael John Smith letter of confirmation of employment from Lab Staff Ltd dated 24th July 1992, setting out SMITH’s contract with us, I now refer to this as JER/2. I have been asked to retain both Witness Statement 189 - Regina -V- michael John Smith originals of these exhibits pending court proceedings. I understand that I may have to attend court and give evidence.


Signed Judy E. Rushton Signature witnessed by C Robson DC


Witness Statement Witness Statement 189 - Regina -V- michael John Smith Page 202


Form MG 11(T)


^ STATEMENT OF James Edward SYKES

Age if under 21 47


Dated 21 April 1993


This statement, (consisting of 2 pages each signed by me) is true to the best of my knowledge and belief and I Witness Statement 189 - Regina -V- michael John Smith make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do Witness Statement 189 - Regina -V- michael John Smith not believe to be true.


I have today spoken with Detective Sergeant BEELS from New Scotland Yard regarding a Michael John SMITH who I have been informed has been charged with offences under Witness Statement 189 - Regina -V- michael John Smith the Official Secrets Act. I am Advisor of Pharmaceutical Training for Lilly Industries. I have examined my records and can confirm that a Michael J. SMITH attended two introductory G.M.P Witness Statement 189 - Regina -V- michael John Smith. (Good Management Practice) programmes on Thursday 6th August 1992. The two courses are entitled ‘GMP For New Employees’ and ‘You’ll Soon Feel Better’. These courses are held at our Witness Statement 189 - Regina -V- michael John Smith training rooms at Lilly Industries, Kingsclere Road, Basingstoke, Hants. The courses on that day commenced at 9am and ended at 12 noon. I can confirm that Michael J. SMITH was to be employed Witness Statement 189 - Regina -V- michael John Smith as a Procedures Writer and would have been working for Mr Robbie BOOTH. Each employee would be required to enter his name before each course on a GMP attendance form. I am in possession of Witness Statement 189 - Regina -V- michael John Smith two GMP attendance forms for the two above-mentioned courses and can confirm that the name Michael J. SMITH is entered on them. I refer to ‘GMP Attendance Form (GMP For Witness Statement 189 - Regina -V- michael John Smith New Employees) dated 5th August 1992’ as exhibit JES/1. I refer to ‘GMP Attendance Form


Signed J. E. Sykes Signature witnessed by S. Beels D/S


Witness Statement Page 203


Form MG 11A(T)


CONTINUATION OF Witness Statement 189 - Regina -V- michael John Smith STATEMENT OF James Edward SYKES


(You’ll Soon Feel Better)’ as exhibit JES/2. This second form was also dated 5th August 1992. Although both forms are dated 5.8.92 I have examined my business diary and Witness Statement 189 - Regina -V- michael John Smith can confirm that the relevant courses in fact took place on 6th August, 1992, a Thursday. I have photocopied the relevant page (6.8.92) from my diary and now refer to this as exhibit Witness Statement 189 - Regina -V- michael John Smith JES/3. JES/1 and JES/2 are also photocopies and were photocopied by myself. I have been requested to retain the originals of all three exhibits pending future court proceedings. I can recall Witness Statement 189 - Regina -V- michael John Smith hearing of Michael SMITH being arrested over the following weekend probably on the radio or television. It was on the following Tuesday that I was informed that it was the same gentleman who Witness Statement 189 - Regina -V- michael John Smith was meant to commence employment with us.


^ Signed J. E. Sykes Signature witnessed by S. Beels D/S

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