Document aJL3xV2qR5zzGp7X0551mkRXR

FILE NAME Cape Asbestos CAPE DATE 1984 Oct & DOC CAPE120 DOCUMENT DESCRIPTION Legal - Deposition of Geoffrey Arthur Higham Legal - Tibbs Case Exhibit 18 F ; i |e *s < 8. nie Pile eieel eeiate te are 3218014 ) a: STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT COUNTY OF MC LEAN ened 3 4 | 5 6 eae eee x : LOIS J. THACKER et al : Plaintiff t V. : UNR INDUSTRIES INC et al 3 Defendants : : : 7 : RUSSELL STONE 3 8 Plaintiff : V. 3 9 # UNARCO INDUSTRIES INC et al : Defendants 3 10 : 11 - ee er er Rr ee : : DOROTHY KING et al : 12 Plaintiffs : V. : 13 || NORTH AMERICAN ASBESTOS CORPORATION : et al : 14 Defendants : No. 82 L 49 No. 83 L 81 No. 83 L 89 15 16 { 17 18 f------------------- ; . BUFORD GOWEN V. : Plaintiff : : UNARCO INDUSTRIES INC et al : Defendants : 19 ee eee ee : 20 | JOHN V. HANDLEY et al : Plaintiffs : 21 V. : CAPE ASBESTOS FIBRES et al 5 22 Defendants : No. 83 L 140 No. 80 L 93 erct eae Aates ELECTRONICAL Y eee ELCTRONICALY presn etarns ELCTRONICALY te evr ELECTRONICALY ode ELCTRONICALY LSM FILED FILED RANE Aceh 203 eat 2023 Oct 18-1 18-11 18-1 39 AM AM AM RICHLAND RICHLAND RICHLAND RICHLAND RICHLAND RICHLAND RICHLAND RICHLAND COMMON COMON COMON COMNCOMON COMON PLEAS PLEAS CASE CASE CASECASE 209CP401759209CP40172590-29CP401759- 209CP4175-209CP401759- 209CP401759- 209CP401759- 209CP401759- 23 2-2-4 --.2.---2---2--2---242 x 24 Deposition of Mr GEOFFREY ARTHUR HIGHAM produced sworn and 25 examined the 3rd and 4th days of October 1984 at the offices of 26 Messrs Linklaters & Paines Barrington House 59/67 Gresham Street 27 London EC2 England 28 1. CLARK REPORTER . 1 ELECTRONICAL Y ELECTRONICALY 3 ELCTRONIAY knowledge in respect to the period 1950 to 1972 DIRECT EXAMINATION by Mr WALKER State your name please 4 A Higham Geoffrey Arthur Higham FILED - Q What is your age Mr Higham 2023 A seven Oct 18 Q When did you first take employment by any company which had 11:39 11:39 the word Cape in its name AM - A In 1965 10 11 12 13 RICHLAND Do you in England have a legal requirement that at the end of Are, the calendar year the wages paid to you will be reported to the - COMON government on a tax form Yes 14 { What company or companies that had the word Cape in it PLEAS - reported having paid you wages during the calendar year 1965 Well to the best of my recollection Mr Walker the name of the company was Cape Building Products Ltd. 203CP41759 did 18 For how many more years the revenue authorities in England 19 receive reports that you were paid wages by Cape Building 20 Products Ltd 21 22 23 24 25 26 27 28 CLARK REPORTER I couldn't say in all truth I became as is on the record a director of what was then the Cape Asbestos Co. in 1967 and I think it could be safely assumed that they would then be responsible for my payment and the return to the Inland Revenue What is the present name of the corporation which in 1967 used the name The Cape Asbestos Co. Ltd Cape Industries Ltd. -- Cape Industries PLC 6 ELECTRONICAL Y ELECTRONICALY ELCTRONIAY From 1967 through the time we are taking this deposition 2 which is in 1984 have you so far as you know been paid wages from Cape Industries PLC in each of those calendar FILED years - ANDREWS Objection in so far as the period October 1972 2023 to October 1979 Oct 18 MR WALKER You may answer Mr Higham 11:39 11:39 I am now paid wages by pay check It comes from Charter AM - 9 Consolidated RICHLAND 10 In what calendar year did you last receive -- strike that 11 For what calendar year were wages last reported to have been - 12 COM ON paid by The Cape Asbestos Companies or that same corporation 13 by any of its succeeding names including Cape Industries PLC 14 I was seconded to Charter Consolidated in 1980 and my pay PLEAS - 15 check would come from them from that time 16 What time in 1980 were you seconded to Charter A I don't recall exactly I think April but I am not sure of 203CP41759 18 the actual month ; 19 Q What is your current rate of pay 20 A 57,000 a year 21 Q Who reports having paid that to you 22 A I receive a slip each month from Charter Consolidated which 23 sets out the monthly amount 24 25 26| 27 28 CLARK EPORTER At the end of each calendar year beginning with 1980 has the wages paid to you by a corporation with the name Charter in it been reported to the government authorities I take it so I haven't done the reporting myself In the United States both the employer and the employee receive 7 ELCTRONICALY ELECTRONICALY Leave a copy of this form Do you have a similar requirement in ELCTRONICALY 2 England ELCTRONICALY Yes We have a P6O I receive a form which summarizes what FILED I have been paid I am not sure that it is the same form that FILED goes to the Inland Revenue 2023 B B as as in in $ 3 i i] i Oct 10 11 12 13 14 15 16| 17 18 19 20 I am not at all sure they do submit a form to the Inland Revenue to tell you the truth AM But in any event you are familiar with the form which is called RICHLAND RICHLAND B60 RICHLAND RICHLANDRICHLAND RICHLAND COMN COM N Thank you Did the P60 form that you received for the COMMON COMMON calendar year 1980 and each calendar year thereafter disclose PLEAS PLEASPLEAS PLEAS wages paid to you by more than one corporation with the name PLEAS PLEAS vere Charter in it No not that I recall Which of the corporations with the name Which of the corporations with the word Charter Charter CASE CASECASE CASE CASE -- excuse 2029 2029 2029 me Se in its name alEyOCUP has provided you a P60 form from 1980 to the present Fara SIO I think it is called Charter Consolidated Services 21 Are there any other corporations with the word Charter in 22 its title that have provided you a P60 form at any time in your 23 life 24 A No. 25 Q 26 A 27 28' H. CLARK REPORTER Are you an officer or director in Charter Consolidated Services | Not that I am aware of Do you have a title which describes your position within Charter Consolidated Services 8 ELECTRONICALY ELCTRONICALY No. 2 Do you have in your possession any business card which ELCTRONICALY identifies you with any corporation that has the word Charter FILED - in its name 2023 No I don't think I do I think the only cards I have Oct identify me as Chairman of Cape Industries 18 11:39 Have you ever had any business cards which identify you as 11:39 being part of a corporation which has the word Charter in AM - its name RICHLAND 10 No. 11 - Q Do you for each calendar year file an Income Tax form with the COMON 12 revenue authorities in England 13 A Yes PLEAS 14 Q What is the name or number of that form - 15 A I couldn't say 16 Q Do you fill it out yourself or do you hire someone to do that 17 203CP41759 18 19 A I fill it out myself - By name or number -- for example in the States the primary form is called a 1040 form Do you have a similar name or 20 number for the primary form that is used in England 21 I don't know It is called Return of income and claim for 22 allowances I believe with the year I don't know whether 23 it has a number or not 24 25 26 27 28 CLARK REPORTER Does -- your strike that Does the Return for income and claim for allowances form have one or more boxes or questions which require the taxpayer to disclose his or her employer or employers Yes It says the principal industrial subsidiaries do certain 2 things 07 MR WALKER I will take your answer Mr Higham 4 A I agree with what Mr Polak has said and I think if I may say so the question has been asked before and answered in the same way Q What principal industrial subsidiary or subsidiaries of Charter manufacture and install building and insulation products 10 A Cape Industries the Shand company Those would be the two 11 operating in those particular fields 12| Q 13| Is there a department or division of Charter which controls advises relates to or otherwise has contact with those 14| 15 subsidiaries which manufacture and install building and insulation products 16 | MR POLAK Objection as to form There are a lot of verbs in 17 there 18 MR WALKER I will take your answer Mr Higham 28 MR POLAK If you understand it Sante ELCTRONIAY dt tasen hed tet SoaAryeOtn mEAA FILED Aa - ean . Ba 2023 te& a tea tes Oct etaAtIO 18 A EU 11:39 ACA 11:39 EARNE RIS AM A - eaten aide wh tres RICHLAND ! ahentan - ALS COMON REALMS EADIE PLEAS ph sat PLEAS - 203CP41759203CP401759 20 A There is no such department Mr Walker controlling or advising 21 those subsidiaries carrying out those activities I don't 22 know what relating to means in this context Having 23 contact with there would be contact for example between the 24 accounting departments at the end of the year at the time of 25 preparing these annual reports by law but that would be about 26 all 27 28 LARK PORTER _. MR WALKER As I understand it you are paid 57,000 by a corporation with the word Charter in its title to do some 37 10 11 13 pe 14 hen 15 16 | 24 25 26 27 28 LABX PORTER ELECTRONICAL Y ELECTRONICALY thing or some things Does that thing or those things which you are paid to do by the corporation with the word Charter ELCTRONIAY in its name bring you into contact with the principal FILED industrial subsidiaries of Charter which manufacture and - install building and insulation products 2023 Oct Yes 18 11:39 What thing or things do you do with those subsidiaries 11:39 I act as Chairman of a number of Charter's industrial AM - subsidiaries for which the companies concerned pay Charter RICHLAND So in effect although I receive my salary from Charter - it is very largely paid for by these other companies according COM ON to the time I spend with them I think we had earlier decided that the only two subsidiaries which have anything to do with manufacturing and installation PLEAS - of building and insulation products were Cape and Shand is that correct 203CP41759 Yes Are you the Chairman of both Cape and Shand No I am not actually the Chairman of Shand I was widening it to cover some of these other operations I am not Chairman of Shand Let me ask the question again then What thing or things do you do for Cape Industries and the Shand Company those being your words as best I can recall them and those being what you said were the principal industrial subsidiaries of Charter which manufacture and install building and insulation products It is difficult to give a brief answer I am charged by Charter to see that their investmentisn these companies are 28 hiiache shinit ne, ee being properly managed and this involves being concemed 2 in three areas usually as Chairman of the board of the companies concerned The first of these is to discuss with the other directors of that company their strategy their policy the wider questions which affect the business and ELCTRONIAY ron Rere Gatvcon FILED dav AN LOT AE UES 2023 NS TESA the direction in which the business is going secondly to be concerned with finance and thirdly to be concerned to Oct NA N EAL 11:39 ROAt ane Ne 11:39 tdeas AM see that the senior management in the business are competent - 10| 11| persons and for those duties I work with the directors of the subsidiary concemed and I report to the Charter board of directors on these matters RICHLAND ores - COMON 12 Q You are the Chairman of Cape Industries PLC is that correct A That is correct yes PLEAS oe, 14| Is there a corporation known as Shand Company PLEAS - 15 A There is 203CP41759 16 Q What is the exact name so far as you know 17 A I think it has got a long name actually I think it is called 18 LeHane McKenzie Shand but I wouldn't be sure Mr Walker It 203CP401759 203CP401759 19 would be in the document there I think 20 Was it at one time called Alexander Shand Holdings Ltd 21 That is the one yes That is what its name is 22 Q Are you on the board of a corporation which has as its name 23 Alexander Shand Holdings Ltd 24| A No. 25| .Q 26 A Have you ever been No. 27 Q Do you have anything to do with Alexander Shand Holdings Ltd [4 ARK ORTER A Not directly 29 10. oy ft 11 12 | weaouleay 13 14 15 Wane 16 17 stonsieor aula 18| 19 20 21 22 23 24 25 26 27 28 H. CLARK IT REPORTER ELECTRONICAL Y ELECTRONICALY this complaint was filed and this complaint was filed well after 1972 and I am entitled to explore those relationships EFLCITRLONIEADY between Charter of which Mr Higham is a living breathing heaven hell type part of Charter as to - 2023 what he knows about what is going on in the United States Oct There is no other way for Charter to do something other than 18 through POLAK its agents and employees First of all at the time one of which is Mr Higham 1 :39 that the complaint was filed AM - we are talking about 1982/83 - I would have no objections you trying to find out whether Charter was doing business Illinois in any way that you wish But that relates to a to in RICHLAND - period of questions COM ON time when the complaint was filed Now you can ask as to what Charter was doing at least for the time period when he was a director knowledge He first became a 1979. I have no problem with of Charter when he would have PLEAS director of Charter in October CASE you asking him any question that G deals with his knowledge of whether Charter was doing business business a during that entire period of time leading up to the filing of the complaint where but you are talking now in generalities where the reader of the transcript does not know what time frame we are talking about and time frames are important when you are dealing with jurisdiction So I am asking you to be precise and if you are not precise I would have to ask him not to answer the question WALKER Mr Higham as precisely as you can when did you first make acquaintance with Joan Holtz POLAK You can answer it if you deal prior to 1972 unless Holtz is an employee of Charter in which case you can deal 86 1 with it from 1979 to 1983 I guess 2 A Not prior to 1972 EFLCITRLONIEADY | 3 MR WALKER What is the answer to my question Mr Higham PP MR POLAK Direction not to answer - ee ee ee ee ne ee MR WALKER You were Nine years the managing director of Cape for how 2023 long 18 Q 1 :39 1970 thru 1980 1971 thru 1980 AM - During that time did Cape sell asbestos fibre 10 11 MRMR ANDREWS RICHLAND I advise you not to answer any questions save - in respect of the period pre 1972 and post October 1979 COMON 12 WALKER You don't need to worry about Mr Andrews 13 question Just answer mine What is the answer to my 14 question PLEAS - Cape never sold any asbestos 16 And when you use the word Cape you refer to ... A 203CP41759 17 Cape Industries of which I was managing director 18 Cape Industries PLC never sold asbestos is that correct 19| A That is correct Gu.97 MR 20 Did you ever know any entity that did sell asbestos 21 ANDREWS Again I advise you Mr Higham not to answer 22 that question save in respect to the pre 1972 period and the 23 post October 1979 period 24 MR WALKER What is the answer to my question 25 MR POLAK It is so general Whether he knew anybody that sold 26 asbestos 27 28 . H. CLARK AT REPORTER MR WALKER We can have the question read back if you are in doubt as to it 87 an ELCTRONICALY 1 MR POLAK O.K. ELCTRONIALY 2 A May I have the question again Mr Clark The Reporter 3 FILED read the pending question 4 MR ANDREWS Again my advice stands for all these questions - If they are can answer going to be if they are put in this form the only otherwise intelligible is 2023 thing you Oct in respect 18 11:39 of the period pre 1972 post October 1979 11:39 a A Pre 1972 ~---- AM 10 11 12 13 14| 15 16 17 18 19 2 2 | 2 23 24 25 26 27 28 . H. CLARK T REPORTER WALKER Mr Higham don't pay any attention to what Mr Fox- RICHLAND Andrews asks you I am not here to take your answers to his questions If you ~---- But I am answering your question If you are motivated to answer my question please answer the COMON question If the question you you are can indicating you are not going to answer PLEAS save us all time and increase the chanceschances of your being able to do something else by just saying you are P401759 not going to answer my question I am trying to be as helpful to you as I can Mr Walker P40 1759 The answer I give will be my answer and the answer to your question is Pre 1972 there were subsidiary companies of Cape Industries who were engaged in mining asbestos in South Africa and in selling it round the world I don't think there is any secret about that When did it become a secret as to who was selling asbestos MR POLAK That assumes a fact which is not in the record He never said that WALKER What is the answer to the question that I asked you Mr Higham which is Do you know of any entities that sold 88