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Letter to Blundell.pdf - MartinFrost.ws index page

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Sent: April 2008<br />

To: <strong>to</strong>m@cryst.bioc.cam.ac.uk<br />

Subject: Re: UK Biosciences Federation - Dr Richard Dyer OBE<br />

Dear Professor Sir Tom <strong>Blundell</strong>,<br />

Thank you very much for your prompt reply <strong>to</strong> my e-mail. I am grateful <strong>to</strong><br />

you for taking the time <strong>to</strong> write <strong>to</strong> me. I must, however, confess that I am a little<br />

confused by your response. The nature of the interactions <strong>to</strong> which you refer is not<br />

entirely clear <strong>to</strong> me and whilst I am reluctant <strong>to</strong> pursue you on this matter I would be<br />

most grateful for clarification because I am, as I am sure you can understand, very<br />

concerned about these issues. Specifically, please could you explain if you were<br />

referring either <strong>to</strong> the particular interactions that I have had with Dr. Richard Dyer or<br />

<strong>to</strong> those of Dyer with others, the latter of which are relevant <strong>to</strong> the concerns I have put<br />

<strong>to</strong> you in points (i) – (v) of my earlier e-mail?<br />

I am acutely aware that in your position, with the responsibility of several high<br />

offices, you must be very busy and may not have had time <strong>to</strong> access and <strong>to</strong> read in<br />

detail the material on the web site <strong>to</strong> which I referred. Accordingly, I hope that it<br />

may be of assistance <strong>to</strong> you if I gave you a brief resume of the evidence, which forms<br />

the basis of my concerns. Before doing so I would like <strong>to</strong> draw your attention <strong>to</strong> the<br />

document “Harrison.<strong>pdf</strong>” (see ref. 1) sent <strong>to</strong> the Crown Prosecution Service (Senior<br />

Counsel, Mr. Karim Khalil QC) by the lawyers of Mark Quigley (Senior Counsel, Mr.<br />

Roger Harrison QC), which states that the issues raised within are of “considerable<br />

public importance”. The issues concern the Babraham Institute, then directed by Dr.<br />

Richard G. Dyer OBE. The OBE was awarded in 2007, for “services <strong>to</strong> biology”,<br />

sometime after the date of the document “Harrison.<strong>pdf</strong>” (1). It may also interest you<br />

that it was after receipt of this letter that Dyer decided <strong>to</strong> settle the matter. Quigley, as<br />

Dyer himself has said, was “paid off”.<br />

The sections below ((i)-(v)) relate <strong>to</strong> those in my earlier e-mail <strong>to</strong> you.<br />

(i) influencing policy on restructuring companies and commercialization<br />

The VAT affairs of the commercial arm of the Babraham Institute, BBT, are<br />

well documented (see ref. 2). Briefly, disclosures <strong>to</strong> the High Court (2) reveal that<br />

the Cus<strong>to</strong>m and Excise/Corporate Tax evasion perpetrated by Dyer (Direc<strong>to</strong>r of BBT)<br />

and his agents, including his wife Caroline Edmunds, would appear <strong>to</strong> be in the region<br />

of £250,000.<br />

Mr. David Hardman, the incumbent CEO of BBT, was appointed by Dyer<br />

only a few months after Hardman’s company, Carbury Hearne, became insolvent (3),<br />

a fact that Hardman failed <strong>to</strong> declare as is required by the Insolvency Act 1986 (2).<br />

After his appointment, Hardman was judged by a tribunal <strong>to</strong> have s<strong>to</strong>len intellectual<br />

property and passed it off as his own for gain (see 4 for judgment). With Dyer and<br />

his wife, Caroline Edmunds, as co-signa<strong>to</strong>ries Hardman proceeded <strong>to</strong> open companies<br />

without mentioning the Carbury Hearne debacle (see refs. 5-8). Failure <strong>to</strong> disclose<br />

direc<strong>to</strong>rships held in the previous 5 years is, I am led <strong>to</strong> believe, an offence under the<br />

Companies Act 1989; three such offences are usually enough <strong>to</strong> have a direc<strong>to</strong>r<br />

“struck off”.


On the note of business advisors, you may recall from your time as Direc<strong>to</strong>r<br />

General of the AFRC (see your C.v. at 9) that a business advisor and business partner<br />

of the IAPGR and AFRC (later BBSRC) – with whom Dyer has worked intimately –<br />

was one Philip Paxman, a well known brothel-keeper in the Cambridge area (see ref<br />

10). It may also interest you <strong>to</strong> know that Paxman “sponsored” the “Dolly-the-<br />

Sheep” work (see para. 9 in (11)).<br />

It was admitted by Mr. Patrick Barker under cross-examination that he, as an<br />

agent of the Babraham Institute, had been illegally supplying quantities of Il-5<br />

antibodies <strong>to</strong> Peter Dean of Cambio (see 1, 2 for details). Institute (public) resources<br />

were used <strong>to</strong> produce the antibodies, which were then passed on “out of the back<br />

door” <strong>to</strong> Peter Dean for commercial gain. Oddly, Barker wasn’t reprimanded for<br />

this: Dyer extended his contract (2).<br />

I note from the BF Web site that there is a piece on restructuring companies<br />

and commercialization, particularly in relation <strong>to</strong> Lord Sainsbury’s “Review of the<br />

UK science and innovation system”. Given this and the BF’s role in influencing<br />

policy and strategy in biology-based research I come back <strong>to</strong> my question of whether<br />

you feel Richard Dyer should be involved in influencing policy on restructuring<br />

companies and commercialization. I would kindly ask you <strong>to</strong> bear references (1-11)<br />

in mind when you make your considered reply.<br />

(ii) influencing policy on teaching and training<br />

As part of a ~£600,000 grant from the East of England Development Agency<br />

it was agreed that the Babraham Institute (Directed by Dr. Richard Dyer) was <strong>to</strong> offer<br />

“…110 training days in microchemicals” (see charge 1 in (1)). None was provided<br />

(1).<br />

I note from the “Recent Responses” section on your web site that the BF,<br />

under the leadership of Richard Dyer, influences the policy of the HEFCE and the<br />

Lords Science & Technology Committee in the area of teaching. Given this and the<br />

above, I again come back <strong>to</strong> my question of whether you feel Richard Dyer OBE<br />

should be involved in influencing policy on teaching and training. I look forward <strong>to</strong><br />

your considered response.<br />

(iii) influencing policy on openness and transparency<br />

I draw your attention <strong>to</strong> the production at reference (12), which is the signed<br />

witness statement of Nick Barnes, a solici<strong>to</strong>r. The background <strong>to</strong> the events depicted<br />

is that Karim Khalil QC (senior counsel for the Crown Prosecution Service) and<br />

Roger Harrison QC agreed that junior counsel and a solici<strong>to</strong>r, Nick Barnes, should go<br />

<strong>to</strong> the Babraham Institute (Direc<strong>to</strong>r, Dr. Richard Dyer) and examine its VAT affairs.<br />

I would respectfully ask you <strong>to</strong> read this witness statement and kindly let me<br />

know if you think that the behaviour of Richard Dyer, as depicted in this sworn<br />

statement, is that of a person who is a champion of openness and transparency. I ask<br />

this because I note from the “Recent Responses” that the BF feels that “the<br />

requirements for openness and transparacey (sic) are an important mechanism for<br />

ensuring confidence in the robustness of scientific advice procured by government”.


This brings me again <strong>to</strong> my question of whether you feel Richard Dyer OBE<br />

should be involved in influencing policy on openness and transparency. I look<br />

forward <strong>to</strong> your considered response<br />

(iv) guiding the charity commission<br />

I now wish <strong>to</strong> draw your attention <strong>to</strong> charge 8 in (1). Apart from the<br />

scepticism surrounding Dyer’s wife’s statement , which begins the piece, there is an<br />

excerpt from a “project leaders meeting” where Dyer admits that “ the Charity [The<br />

Babraham Institute] had made a loan <strong>to</strong> BBT but this would be repaid as soon as<br />

possible ”. It would seem that Dyer’s office perceives such a “loan” as being illegal<br />

as evidenced by a memo, which states that: “ …it would be illegal <strong>to</strong> make a loan if<br />

there is any risk that it cannot be repaid ”. His office also clarifies that: “ the<br />

Government, DTI, and the BBSRC all require that the Institute undertakes<br />

commercial activities that the charity commissioners would consider illegal for a<br />

charity <strong>to</strong> participate in ”.<br />

I note from the “Recent Responses” that the BF is advising the Charity<br />

Commission on implementing new guidance on bureaucracy ( i.e. keeping an<br />

effective paper trail). Given this and Dyer’s management of charity funds (see<br />

charge 8 in (1)), I kindly ask you again whether you feel Richard Dyer OBE should be<br />

involved in guiding the Charity Commission. I look forward <strong>to</strong> your considered<br />

response.<br />

(v) influencing policy on ethics<br />

I draw your attention the production at (13), which sho<strong>ws</strong> the organization of<br />

the IAPGR (the combined Roslin and Babraham Institutes) in 1990-1, which is at<br />

around the time that you were Direc<strong>to</strong>r General of the AFRC (see your C.v. at 9).<br />

You will see that Richard Dyer OBE is at UG5, and Station Direc<strong>to</strong>r at Babraham,<br />

and Quigley a junior ASO technician, i.e. , there is a great disparity, both in terms of<br />

position and power, between Quigley and Dyer within the IAPGR structure.<br />

I now would draw your attention <strong>to</strong> the production at (14), which is an<br />

expert’s report on his visit <strong>to</strong> the Babraham Institute with the Cambridgeshire<br />

constabulary <strong>to</strong> investigate around 30 charges that had been levelled against ASO<br />

Mark Quigley by the then Babraham Institute (Direc<strong>to</strong>r, Richard Dyer OBE). You<br />

will see at point 5.02 on <strong>page</strong> 16 of this report that “absolutely no effort” had been<br />

made “<strong>to</strong> collate and make available relevant information” regarding the charges.<br />

Indeed, Quigley could point out <strong>to</strong> all present, including Patrick Barker (see above)<br />

and the police, that materials said by Babraham <strong>to</strong> have been s<strong>to</strong>len by Quigley were,<br />

in fact, still in their possession (see 2 for details).<br />

You may recall that the brothel-keeper Philip Paxman (10) was a business<br />

advisor <strong>to</strong> Dyer. I understand that both Richard Dyer and Paxman joined forces in<br />

taking disciplinary action against Dr. Bruce Roser at Babraham. Roser was<br />

vindicated after a disciplinary hearing of 6 “grave” charges, which, as in the case of<br />

Quigley, were found <strong>to</strong> be specious. After he had overturned these charges Roser<br />

asked for the verdict <strong>to</strong> be made public but it was deemed that the process was “Staff


in Confidence” and management forbade any further mention of it. Roser had <strong>to</strong><br />

resign in order that he might clear his name.<br />

I note from your Web site that the BF believes in “rigour, respect and<br />

responsibility” and influences policy on “ethical issues”. This brings me <strong>to</strong> my<br />

earlier question of whether, given the above, you feel that Dr. Richard Dyer should be<br />

involved in influencing policy on ethics. I look forward <strong>to</strong> your considered response.<br />

Finally, as I requested in my earlier e-mail, I would be most grateful if you<br />

could let me know if you were aware of some or all of the events that are detailed<br />

above before you appointed Dyer <strong>to</strong> his current position. On this note, please could<br />

you also kindly provide me with details of the advertisement for the CEO of the BF<br />

that Dyer applied for, the job specification, the C.v.’s of all candidates (please<br />

anonymise all names using numbers or letters) who applied, the names of the<br />

selection panel and the notes of the panel used <strong>to</strong> select Dyer above the rest. I would<br />

be very interested <strong>to</strong> know in what way(s) the other candidates were deemed less<br />

qualified for the position.<br />

I look forward <strong>to</strong> your considered opinions on the matters I have raised in<br />

points (i) – (v) above and thank you once again for taking the time <strong>to</strong> read this letter.<br />

Yours sincerely,<br />

References<br />

1. http://www.martinfrost.<strong>ws</strong>/htmlfiles/feb2008/roger_harrison.<strong>pdf</strong><br />

2. http://www.martinfrost.<strong>ws</strong>/htmlfiles/feb2008/cpr_disclosures.<strong>pdf</strong><br />

3. http://www.martinfrost.<strong>ws</strong>/htmlfiles/feb2008/mgq7.<strong>pdf</strong><br />

4. http://www.ipo.gov.uk/patent/p-decisionmaking/p-challenge/pchallenge-decision-results/o18200.<strong>pdf</strong><br />

5. http://www.martinfrost.<strong>ws</strong>/htmlfiles/feb2008/mgq2.<strong>pdf</strong><br />

6. http://www.martinfrost.<strong>ws</strong>/htmlfiles/feb2008/mgq3.<strong>pdf</strong><br />

7. http://www.martinfrost.<strong>ws</strong>/htmlfiles/feb2008/mgq4.<strong>pdf</strong><br />

8. http://www.martinfrost.<strong>ws</strong>/htmlfiles/feb2008/mgq14.<strong>pdf</strong><br />

9. http://www-cryst.bioc.cam.ac.uk/tlb/Tom_<strong>Blundell</strong>_CV_2005.<strong>pdf</strong><br />

10. http://www.martinfrost.<strong>ws</strong>/htmlfiles/jan2008/nowtimages.<strong>pdf</strong><br />

11. http://www2.cambridgene<strong>ws</strong>.co.uk/business/ne<strong>ws</strong>/2007/10/02/cf4787b6-9c19-419a-beb8c3afd3518a0f.lpf<br />

12. http://www.martinfrost.<strong>ws</strong>/htmlfiles/feb2008/nick_barnes.<strong>pdf</strong><br />

13. http://www.martinfrost.<strong>ws</strong>/htmlfiles/feb2008/iapgr.<strong>pdf</strong><br />

14. http://www.martinfrost.<strong>ws</strong>/htmlfiles/feb2008/sheppard.<strong>pdf</strong><br />

C.c.<br />

Rt Hon Gordon Brown and cabinet<br />

Rt Hon David Cameron and shadow cabinet<br />

Member Organisations of the Biosciences Federation<br />

Independent<br />

The Times<br />

THES<br />

Mr. Mark Quigley


Mr. Roger Harrison QC<br />

Mr. Karim Khalil QC<br />

Mr. Nicholas Barnes<br />

The Babraham Institute<br />

Dr. Richard Dyer<br />

Dr. Caroline Edmunds<br />

Mr. David Hardman<br />

----- Original Message ----<br />

From: Tom <strong>Blundell</strong> <br />

Sent: Wednesday, 19 March, 2008<br />

Subject: RE: UK Biosciences Federation - Dr Richard Dyer OBE<br />

Dear ,<br />

I am aware of the his<strong>to</strong>ry of your interactions. Tom <strong>Blundell</strong><br />

.......................................................<br />

Sir Tom <strong>Blundell</strong> FRS, FMedSci<br />

William Dunn Professor of Biochemistry and Chair, School of Biological Sciences,<br />

University of Cambridge ,<br />

Tel: +441223 333628<br />

Fax: +441223 766082


Sent: 19 March 2008<br />

To: <strong>to</strong>m@cryst.bioc.cam.ac.uk<br />

Subject: UK Biosciences Federation - Dr Richard Dyer OBE<br />

Professor Sir Tom <strong>Blundell</strong> FRS,<br />

Biosciences Federation ,<br />

PO Box 11319 ,<br />

London<br />

WC1X 8WQ<br />

United Kingdom<br />

<strong>to</strong>m@cryst.bioc.cam.ac.uk<br />

Dear Professor Sir Tom <strong>Blundell</strong> FRS,<br />

I write <strong>to</strong> you in your capacity as President of the Biosciences Federation (BF). I<br />

bring <strong>to</strong> your attention the Web Site:<br />

http://www.martinfrost.<strong>ws</strong>/htmlfiles/feb2008/dolly_rages.html<br />

It details the activities of Dr Richard Dyer OBE, the current Chief Executive of the<br />

BF. I was wondering whether you felt - after having read the contents of the Web site<br />

- that Dr. Dyer is the appropriate person <strong>to</strong> be involved in: (i), influencing policy on<br />

restructuring companies and commercialization, (ii), influencing policy on teaching<br />

and training, (iii), influencing policy on openness and transparency, (iv), guiding the<br />

Charities Commission and, (v), influencing policy on ethics.<br />

I also understand that during your time as Chief Executive of the BBSRC you were<br />

Dr. Dyer's line-manager and would respectfully ask you whether you were aware of<br />

any of the events involving Dr. Dyer (please see Web site and down-loadable .<strong>pdf</strong><br />

productions) before you appointed him <strong>to</strong> his current position.<br />

I look forward <strong>to</strong> hearing from you shortly.<br />

Yours sincerely,<br />

C.c.<br />

Member Organisations of the Biosciences Federation<br />

Independent<br />

The Times<br />

THES

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