Equatorial Guinea is denied account access

GUERNSEY'S Court of Appeal has refused the Equatorial Guinea Government access to local bank accounts held by jailed ex-SAS soldier Simon Mann. It had been trying for a year to find out who funded an alleged coup plot in the oil-rich state and was planning to use the information in a civil case in London's High Court.

The country's advocate, Alan Merrien, was yesterday refused leave to appeal to London's Privy Council. A spokeswoman for Penningtons, the government's UK solicitor, said: 'Our clients are naturally disappointed by the outcome of today's appeal, particularly in light of two previously successful hearings.

They are currently considering the merits of an appeal to the Privy Council with their legal advisers.'

Although Lt-Bailiff Chris Day initially gave permission last year for the details of Logo Ltd and Systems Design Ltd to be handed over, this was overturned yesterday by three appeal court judges, including the Bailiff, Sir de Vic Carey.

Some of Mr Day's decisions were criticised in the 36-page document, including one that ignored a written statement made by Mann's UK solicitor, Anthony Kerman.

It stated that Mann denied being involved in a coup and that he had openly negotiated with Zimbabwe Defence Industries to buy arms for use in the Democratic Republic of Congo, for which he pleaded guilty to trying to buy arms without a licence.

Other documents included allegations that the 30-year regime of President Teodoro Obiang had been brutal and repressive and that he had milked the country of much of its oil revenues.

'In our judgement, the Lt-Bailiff erred in deciding to take no account of the information and allegations in Mr Kerman's first affidavit and his exhibits,' the document said.

Although he confessed to plotting against the Equatorial Guinea Government, Mann later claimed that his statement was signed after torture.

'I was arrested on 7 March 2004 and taken to the police station where I was brutally and severely tortured and assaulted for several days until the police came to my cell and told me that they knew everything and handed me a piece of paper,' he said.

'They dictated to me what I should write and at every instance that I objected, I was subjected to further torture and assaults.

'The police then typed the handwritten statement which was brought to my cell and which I was forced to sign. There was no commissioner of oaths and consequently I did not take an oath.'

During the last 12 months of court hearings that sometimes included national journalists, it has heard more details about the alleged plot, which was uncovered in March 2004.

Advocate Nick Barnes represented Logo Ltd and SDL in court.