Alleged leaks and media ties: Trial against former SFO staff put on 24-hour hold

Two former senior employees of the Serious Fraud Office (SFO), set to face a seven week civil trial over the fallout over a probe into a Kazakh mining company, has since been put on a 24-hour hold.

John Gibson, a partner at Cohen & Gresser, and Tony Puddicstill, who is still a senior SFO investigator, are defending claims of misfeasance in a public office, conspiracy and breach of confidence. The SFO is also defending itself against the claims, to which a spokesperson noted, “we strongly deny ENRC’s allegations.”

This case stems from the long-running civil dispute launched by Eurasian Natural Resources Corporation (ENRC) in 2018 against the SFO, law firm Dechert, and former partner Neil Gerrard over alleged misconduct.

Last August, after 10 years, the SFO dropped its probe into ENRC.

Mr Justice Waksman issued a judgment in 2022, which included findings that senior SFO officers acted on “bad faith opportunism” by holding meetings with third parties to pass on “intelligence” gathered on ENRC.

The case is now back at the High Court for a seven week trial, which stated on Monday, this time just focused on the SFO and senior employees. However, counsel for ENRC informed the judge that the parties were in discussion to reach a settlement.

It is understood that the main elements of the settlement has been agreed, but some terms needed discussing. The parties asked the judge this morning for an extra day for discussions, to which he agreed.

At noon today, the judge noted that unless a settlement is reached by tomorrow, then the seven-week trial continues.

The trial is set to focus on the witness statement provided last June, and will see further evidence provided by up to 10 current and former SFO employees.

In addition, during the trial, the court will hear allegations of Gibson arranging to meet with Financial Times journalist Tom Burgis in an underground car park days before an article about probe into ENRC was released.

Puddick is accused of leaking information regarding the ENRC Investigation to journalist Mark Hollingsworth.

Until recently, the SFO and Gibson were jointly represented by Eversheds Sutherland, but back in June, ENRC were informed that Gibson would then be separately represented by Slaughter & May.

The story was updated to highlight the settlement halt.