The
OLIVE PRESS COSTA BLANCA SUR / MURCIA
FREE
expat
voice in Spain
Vol. 2 Issue 33 www.theolivepress.es February 11th - February 24th 2021
IN DEPTH: As the Catalan elections loom, the Olive Press explores the mass grave issue that casts a shadow over them - and who the main candidates are See page 6 & 7
Vaccine fury Expats Paul and Geraldine angry as mayors jump queue Page 5
The good fight The pacifist bull they refused to kill and a chat with Spain’s hottest young matador Page 14 and 15
HE FORCED ME TO STAY 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. The solicitor leading the private prosecution, Antoni Bertomeu, told the Olive Press: “The most significant aspect of the hearings was that the accused did not deny that CWM was responsible for any wrongdoing.” “They are merely trying to save themselves by saying they knew nothing about it and had nothing to do with it,” he added. The prosecution has resumed
EXCLUSIVE: Violent threats kept Jody Smart linked to the disgraced firm CWM, which paid her ‘up to €8,000 a month’
GRILLING: Jodie Smart turns up to court disguised as a private detective and went on to blame former lover Darren Kirby (inset) of threatening violence to leave CWM EXCLUSIVE By Alex Trelinski
after oral testimony was suspended last spring due to the pandemic. Statements last year from ex-employees of CWM said that the claimants had lost their money due to risky investments. Answering questions from the judge, Jody Smart said she became a partner in CWM, formed by Kirby, in 2012. In the testimony, seen by the Olive Press, she also admitted he transferred up to €8,000 a month into her private bank account through to 2017. She said her salary was ‘€5,000, €6,000 or €7,000
a month’ and it was ‘sometimes as high as €8,000’, depending on ‘what Darren wanted to pay’. Smart said she only put her name to the firm to help out Kirby who was having ‘issues with his wife’ and wanted to stop her accessing company assets. Smart, who owns clothes company Jody Bell SL, declared that her livelihood
Tel: 952 147 834 See page 11
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was fashion and insisted she had no knowledge of what went on with CWM. She added she was merely the ‘face’ of the company. She did however, refuse to answer questions from Bertomeu, who has been leading the private prosecution for two years, and left the Denia courthouse via a fire exit. Case coordinator Angela Brooks, who brought the 17 claimants together, told the Olive Press: “Watching the defendants walk in and out of court was disgusting as they bobbed and weaved to get out of the way of photographers.” One of these was Paul Clarke, who was involved in helping Kirby build up CWM. He denied forming the company and being Kirby’s business partner, claiming he merely helped in the office and trained some staff members, as well helped do some supermarket shopping and ‘getting Darren coffees’. He added that he left in August Continues on Page 2