‘All we have to do is tip the balance in our favour. I would ask you to accept all the evidence given by Mr Kapelis and find it in his favour. The other witnesses were unnecessary but provided the necessary corroboration to prove his case.’
Andrew then went on in his closing address and pointed to various pieces of evidence that established his cause of action with reference to the law and the facts.
He then said to the jury, ‘The orders-in-council sewn into a peasant’s cap without his knowledge was a matter that took me by surprise and was not staged. Who would have thought in their wildest dreams that the document sat on the top of the head of an uneducated shepherd for fifty years? It is truly amazing—a story within this story.
‘That is evidence enough to find the first respondent is liable. As for the second respondent, you can find a circumstantial case that the state knew, or ought to have known, as the government during the various times relevant to this case that the conduct was unconstitutional, unlawful, an abuse of power, and of no legal force and effect.
‘I will leave it to you as to what you think is the proper and just apportionment of blame between the state and the former king.
‘I now turn to damages and compensation. This old man was beaten, tortured, and barbarised. It left him with psychological and physical scars and injuries. He is entitled to general damages for pain and suffering.
‘That pain and suffering must be compensated from 1947 until now, 1997—over fifty years—and must take into account every tear, every nightmare, and every heartache for the fact that his children left him from a young age to migrate overseas.
‘Perhaps you can calculate every tear and multiply those tears in 10-euro denominations. That is a matter for you as to how you calculate the damages.
The loss of income is calculated by the accountant who gave evidence and it is fixed at 3 million euros. His medical expenses are also fixed at 200,000 euros.
Those amounts are not in dispute as mathematical calculations of the losses.
‘The ultimate task you will be required to undertake as a collective duty is to award exemplary, punitive, and aggravated damages to Kapelis. How can that be calculated? I cannot assist you. I wish I could.
‘Dealing with punitive damages first, every challenge made on Kapelis and his witnesses during the trial can be compensated by punishment, in monetary terms, for both the respondents’ conduct through their counsel.
‘The counsel must have been instructed to cross-examine the witnesses. Taking away the rights and liberties of a citizen is both heinous and abhorrent. If you feel repulsion for the treatment this man endured by his king at the time and by his country, then you cannot jail them, but you can certainly award punitive damages as a punishment.
‘As to aggravated damages, if you find the conduct hurt this man immeasurably, then damages can be awarded for the aggravation.
‘Finally, exemplary damages. This is where you, as jurors, can make an example of the respondents by awarding damages so it sends a real and clear signal to others like the respondents in Europe that the men and women of modern Europe find that conduct repulsive, and it is to never happen again. Again, I cannot assist you with the amount other than to say you must use your common sense and your instincts as to how you can right a wrong.
‘My client once said to me, “Whoever causes injury must also find the cure.” You can now administer the medicine to cure this old man. Apportioning the blame is also up to you, and I say no more on that.
‘After I finish my closing arguments, you must listen closely to the judge, who will summarize every parties’ case and the theory behind it. The judge will then direct you on the law, and you must follow what she says on questions of law.
‘You are the triers of fact, and no one can interfere with that duty, not even the judge. If Andreas could speak to you, he would have said, “Leave it to the jury.” That is what we intend to do. Good luck with your task ahead.’
I brush you with these wise words from Socrates ‘Justice has nothing to do with what goes on in a courtroom; Justice is what finally comes out of a courtroom’.
With that, Andrew closed his final address to the jury.
All counsels and their respective clients were visibly exhausted. The judge then commenced to give her directions to the jury relevant to each parties’ case. When she concluded, she directed them on the law.
With some minor issues brought up by counsel for further directions by the judge to the jury, the judge finished her task at 5 p.m. The jury was excused and requested to return the next day.
In the absence of the jury, she requested all counsel to agree to the questions to be put to the jury. In the absence of agreement, she would assist with the questions after any argument.
Overnight, counsel for all the parties met, and with the exception of ten questions, there was consensus.
The next day, before the jury was brought back in, counsel argued their respective positions on the substance of the questions, and the judge ruled upon, then determined what the questions should state.
The jury was brought back in, and the judge said, ‘Members of the jury, I have a series of questions that you need to answer. The questions relate firstly to liability—that is, blame—then apportionment between the respondents and, finally, questions relating to damages. That is the amount of compensation you think is fair, just and reasonable for Mr Kapelis to receive.’
Each of the jury members were provided with a copy of the questions.
The judge then said, ‘I will now ask you to deliberate in the jury room until you have reached your majority decision in the discharge of your duty.’
The jury left, and the judge said to counsel, ‘Please give my associate your mobile telephone numbers, and if the jury returns, my associate will contact you.’
It was now Monday of week 9, as the trial had run over the schedule.
Andrew, Hans, and Andreas returned to the hotel. Aspros had returned home.
The jury deliberated all Monday and Tuesday. There was no word from the jury at all. On Wednesday, the jury came back with a few questions.
Counsel for all parties returned to the court, and the enquiries were answered with the assistance of counsel and the judge. The jury continued to deliberate.
Andrew was nervous, but Andreas and Hans enjoyed drinking wine and eating in the hotel. Hans and Andreas seemed quietly confident.
Around 11 a.m. on Friday morning, the associate for the judge rang counsel and advised them that the jury had reached a verdict and that the judge wanted everyone present at midday.
The men hurriedly dressed in their suits and packed their bags, ready for court.
Andrew would dress this last time in his wig and gown. His hands were shaking. He took out of the fridge in his room two small bottles of scotch. He drank both the bottles without hesitating.
All counsel appeared in court. The judge entered and went on to the bench.
There were no more offers from his opponents.
Andrew thought, Are they right? Is the old man right? Are we all wrong?
The foreman of the jury was a man in his early to late forties and, from his accent, was Spanish or Portuguese.
The foreman announced that the verdict was a unanimous decision by the members of the jury.
In answer to the questions, the former king and the Republic of Greece were found guilty of all the intentional and other torts set out in the pleadings.
Wagstaff and Cox gasped.
The jury then dealt with apportionment. They found the former king 75 per cent liable and the Republic of Greece 25 per cent liable.
The jury then went through each element of damages and awarded Kapelis his economic loss, his medical expenses, and other minor claims.
Then the foremen said that the jury determined the following: punitive damages, 60 million
euros; aggravated damages, 80 million euros; exemplary damages, 100 million euros. The jury finds that the total damages payable to Kapelis is 253 million euros.
The judge thanked the jury for completing their duty and discharged them from any further participation in the trial.
Kapelis approached Andrew and said in an unruffled and calm manner, ‘Always trust good people.’
The jury heard that exchange as they were leaving the court, and an elder woman on the jury turned to Kapelis and gave him the biggest smile.
Hans almost fainted with the verdict and hugged Andrew.
Wagstaff and Cox immediately asked for an adjournment. The judge granted them the adjournment.
After an hour, Wagstaff and Cox both made applications for a stay of the proceedings before the judge on both the verdict on liability and damages. The judge refused the stay.
Both Wagstaff and Cox said that they would appeal to the grand chamber of the court to set aside the verdict.
Justice Finnane said, ‘It is a jury verdict, and your chances of successfully appealing the verdict are close to zero. I refuse to grant a stay. The verdict is due and payable within twenty-eight days from today. If you’re going to appeal and get a stay, you better move fast. We now have to deal with interest and costs. I intend to apply the current LIBOR rates for interest for the past fifty years. As for costs, Mr Kape can give me a figure, and I will consider whether it is fair and reasonable for an extraordinary matter like this.’
All counsel agreed.
The matter was adjourned to reach agreement. The parties agreed that 500,000 euros was fair and reasonable for the complainant’s costs.
Had interest been calculated for the entire fifty years at between 2-10 per cent at the LIBOR rate, on 253 million euros, the interest alone would have been 5 million euros per year for fifty years, making the interest as much as the verdict.
Andreas agreed that he did not want to be unfair and said that, with interest and costs, he was happy with a verdict rounded off to 260 million euros.
Both Wagstaff and Cox were very relieved with the old man’s instructions, as the amount could have been double with interest.
The parties went back to court.
Andrew announced to the court that the parties had agreed that the total verdict should be 260 million euros, inclusive of costs and interest.
The judge said, ‘I had undertaken a quick assessment on interest, and I dare say, Mr Wagstaff and Mr Cox, Mr Kapelis has been very generous to both your clients in foregoing his entitlement to proper interest.’
Wagstaff and Cox did not say a word.
Andrew said, ‘May it please the court, may my client and I please be excused?’
Justice Finnane said, ‘Certainly, Mr Kape. I thank all counsel for their assistance in the matter, and I adjourn the matter sine die.’
Wagstaff approached Andrew at the bar table as the courtroom was emptying of lawyers and parties.
Wagstaff said to Andrew, ‘There is one thing that has puzzled Cox, me, all the other lawyers, and our clients.’
Andrew said, ‘What is it?’
Wagstaff said, ‘How did Andreas pick you as the lawyer all the way from Australia? No one could see any possible connection.’
Andrew quipped, ‘He is my grandfather. I have taken my looks from my mother’s side. My actual birth name is Andreas Kapelis.’
Wagstaff smiled at Andrew, put out his hand, and the men shook hands. Wagstaff then patted him on the back many times and left. All the counsel packed up their books and bags and went their separate ways.
The jury had handed out nothing short of a hiding against the former king and the Republic of Greece.
The men stayed in the hotel for a few days to recoup. During the final stay at the hotel, Andreas made one request of his grandson – he wanted to see an opera for once in his lifetime.
Andrew bought three tickets to the opera and all the men went to the opera the night before they returned to Greece.
The news of the verdict had not reached Kapelis’s wife or the village.
Andrew, Hans, and Andreas travelled back to the village.
Ourania was at the door. She said to Kapelis, ‘How did the hunting go, husband?’
Andreas said, ‘It was successful.’
Ourania said, ‘How successful?’
He said, ‘Two hundred and sixty ducks.’
Ourania said happily, ‘Did you receive 260,000 euros?’
Andreas said, ‘No, 260 million euros.’
The old lady dropped to her knees and fainted, and it proved hard for her to recover.
Hans, Andrew, and Andreas sat by the open fire and opened a thirty-five-year-old bottle of Chivas Regal Andrew had bought at the airport and drank to oblivion.
In the following month, Wagstaff and Cox mounted both a stay application and a notice of intention to appeal. The grand chambers of the European court heard the application as a paper hearing and rejected both the stay and the notice of intention to appeal.
Amongst all the court’s reasoning was that it was a jury verdict and the parties cannot second-guess what the jury’s deliberations were to challenge any finding of fact or law. The court also concluded that the judge with carriage of the trial acted fairly and did not err in law or in her directions to the jury.
A month after, the final decision of the court was delivered. Andrew sent two letters—one to the lawyers acting for the former king and another letter to the minister of finance for the Republic of Greece.
The letters requested payment within twenty-eight days of the verdict as determined in respect of their apportioned share. The demand was for 195 million euros from the former king and 65 million euros from the Republic of Greece.
On the twenty-first day after the demand, a bank cheque was received in Andrew’s office from the Greek treasury for the sum of 65 million euros.
Andrew received a call from Wagstaff, and he requested to pay by instalments. He refused that request on the strict instructions from Andreas.
Andrew deposited the cheque from the Greek Republic into his grandfather’s bank account, which hardly ever exceeded 2,000 euros. The bank rang Andrew and Andreas to ask if the deposit was a mistake.
A transcript of the jury verdict had been requested by Andrew, and he sent it to the bank manager by fax. The money was cleared in two days. Kapelis was now a multimillionaire.
Now they were all waiting for the former King’s cheque. He was struggling to access funds to pay for the verdict.
Andrew would now have to consider enforcement proceedings against the king to satisfy the debt. He sent a letter to the lawyers acting for the former king and threatened their client with enforcement of the judgment.
There was a serious rumour circulating that the former king had approached several of his royal cousins throughout Europe for loans to pay the verdict.
Finally, four months after the jury verdict, Andrew received in his office a letter from the king’s lawyers. Attached to the letter was a bank cheque from the Bank of Monaco for the sum of 195 million euros.
Again, Andrew banked the cheque into Andreas’s account, and this time, the bank manager rang him directly.
The manager said, ‘Are you seriously telling me that the deposit is genuine?’
Andrew said, ‘I have previously sent you the transcript of the jury’s verdict. Obviously, you have not read it properly.’
The bank manager said, ‘Hang on, I have it here. My goodness! You are right. The old man is filthy rich.’
Andrew said, ‘He sure is.’
Once the cheques were banked and cleared, Andrew and Hans went back to the village to say farewell to the old man and return home. He was sitting on his wicker chair on the veranda as the men approached him.
Andrew said, ‘Papou, it has been an honour to be your counsel a
nd have you as a client.’
Andreas said, ‘Andrea, it is my honour and privilege to have you as my grandson.’
Hans said, ‘This has been so exciting and incredible for me I cannot go back to reality.’
Andrew said, ‘Both Hans and I are leaving tomorrow to go back to our families, and we are here to bid you farewell until next time.’
Out of his old suit jacket, he pulled out two envelopes.
The first one he gave to Hans. Hans opened the envelope, and there was a cheque for 5 million euros.
Andreas said, ‘Don’t thank me please. You have been there for my grandson.’
Hans became very emotional and kissed the old man on both cheeks.
The other envelope he gave to Andrew. Andrew opened the envelope, and there was a cheque for 10 million euros.
Andreas said to Andrew, ‘Grandson, just remember that as hat-makers we keep the best and oldest tricks under our hats.’
The men burst out laughing and could not stop. The men hugged and kissed many times and returned home.
The old man wanted time to think about what to do next. He wanted to create a plan. He did not want a great home or anything else. He was happy with his home in the village.
Andrew had advised him to seek the assistance of a financial planner or accountant. Andreas told his grandson that all of that was horseshit and that he was happy getting 2 per cent interest from the bank and get the three monthly statements that showed him the figure he fought hard to achieve was growing.
Andrew and Andreas exchanged phone calls from their respective homes. Hans kept in touch with Andrew and asked him if he had another case to get their teeth into.
_ _ _ _ _ _ _ _ _ _
VROSTENA, THE FINAL DAYS IN 2000
Just before 1 May 2000, Andreas contacted all his children by telephone and asked all of them, their children, and their grandchildren to come to Greece all expenses paid by him—to celebrate May Day in Greece as he might not have many more.
Kapelis- The Hatmaker Page 23