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AN expat fashion designer behind the alleged loss of €35 million of investors money has insisted regular threats of violence were behind her involvement with the company. Jody Smart, the sole director of failed firm Continental Wealth Management (CWM), accused her former partner of being the real owner and aggressively forcing her to be the figurehead on paper. The ex-fashion model told a court hearing how her past lover Darren Kirby frequently turned violent and aggressive when she threatened to quit. She told a judge at Denia Court that every time she tried to leave the British-run pension company, Kirby would get violent. And despite failing to report Kirby to the police, because she was ‘afraid’, she has kept videos and phone messages of him threatening her. She was giving evidence in a private prosecution by 17 of up to 1,000 British pensioners, from all across Spain including Andalucia, who put their savings into Alicante-based CWM. The business collapsed in 2017. Some of the individual losses added up to €800,000. The private action accuses Kirby and Smart, along with Paul Clarke, and Stephen Ward of fraud, disloyal administration, and forging victims’ signatures onto investment dealing instructions. A judge will decide whether there is enough evidence for a full trial to go ahead.
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EXCLUSIVE: Violent threats kept Jody Smart linked to the disgraced firm CWM, which paid her ‘up to €8,000 a month’
company had a business collaboration with CWM. He insisted that he was never paid ‘a single cent’ from CWM and merely shared clients with the business. The judge has now asked for full details of the investments. “All the risk assessments will have to be provided which prove that the clients had their money ON TRIAL: Jodie Smart with legal representative and (left) former boss Darren p l a c e d into highKirby who ‘turned violent’ risk portbecame a partner in CWM, ive Press: “Watching the defen-f o l i o s , ” EXCLUSIVE formed by Kirby, in 2012. dants walk in and out of courtsaid BerBy Alex Trelinski In the testimony, seen by the was disgusting as they bobbedtomeu. The solicitor leading the private Olive Press, she also admitted and weaved to get out of the“ T h e judge has prosecution, Antoni Bertomeu, he transferred up to €8,000 a way of photographers.” told the Olive Press: “The most month into her private bank ac- One of these was Paul Clarke,been very who was involved in helpingproactive significant aspect of the hear- count through to 2017. and can ings was that the accused did She said her salary was ‘€5,000, Kirby build up CWM. not deny that CWM was re- €6,000 or €7,000 a month’ and He denied forming the compa-see that it was ‘sometimes as high as ny and being Kirby’s businessc r i m e s sponsible for any wrongdoing.” “They are merely trying to save €8,000’, depending on ‘what partner, claiming he merelyhave been helped in the office and trainedcommitthemselves by saying they knew Darren wanted to pay’. nothing about it and had noth- Smart said she only put her some staff members, as wellted, but it name to the firm to help out helped do some supermarketwill be a ing to do with it,” he added. The prosecution has resumed Kirby who was having ‘issues shopping and ‘getting Darrenvery long process,” after oral testimony was sus- with his wife’ and wanted to coffees’. pended last spring due to the stop her accessing company He added that he left in Augusthe added. assets. 2010 because of Kirby’s ‘aggres-Bertomeu pandemic. believes Statements last year from Smart, who owns clothes com- sive and abusive’ attitude. ex-employees of CWM said pany Jody Bell SL, declared that Clarke went on to run otherthat if ‘evthat the claimants had lost her livelihood was fashion and businesses, including AES In-erything to their money due to risky invest- insisted she had no knowledge ternational Spain, but told thegoes of what went on with CWM. hearing that he is currently un-plan’, a ments. trial date Answering questions from the She added she was merely the employed. He also refused to take ques-could be judge, Jody Smart said she ‘face’ of the company. She did however, refuse to an- tions from Bertomeu. set for swer questions from Bertomeu, Another of those grilled wasnext year. who has been leading the pri- advisor Stephen Ward, who ran vate prosecution for two years, Moraira-based Premier Penand left the Denia courthouse sion Solutions, which ceased See page 11-18 via a fire exit. trading in 2017. Case coordinator Angela Ward admitted to having Brooks, who brought the 17 worked with seven of the claimclaimants together, told the Ol- ants, and confirmed that his
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