190.
In cross-examination Professor Howard was asked to explain how a delusional system
of beliefs develops once the initial delusions have become established. He agreed that
the primary delusions may give rise to a series of secondary beliefs, which are not in
themselves irrational but depend on the existence of the primary delusion. So, for
example, a person who suffers from the delusion that he is being persecuted by a
particular person may take entirely rational steps to avoid coming into contact with
him. As Professor Howard put it:
“… the way in which delusional systems become elaborated is
… a mixture of the kind of primary, completely inexplicable …
delusional material, and then a series of other things that are put
together by the patient, sometimes in a rational, sometimes in
an irrational way, to make the whole system.”
191.
Professor Howard was then asked by Miss Montgomery QC to consider how this type
of secondary effect might have worked in relation to various people with whom Bane
had been in contact. She referred him to correspondence between Bane and his uncle
Spiro, and between Bane and a priest, Father Todovoric. In each case Bane had fallen
out with them, because of their refusal to accept various grotesquely unfounded
accusations. Professor Howard agreed that Bane’s rejection of them as corrupt people
was a secondary reaction, premised upon Bane’s primary deluded belief in the threat
posed by his mother and sister. Professor Howard also agreed that the reason why
Bane was upset and angry with them was because of his perception that they were
connected with his delusions and with people whom he thought were trying to kill
him. He agreed that Bane would not have had testamentary capacity if they were
people who might have been expected to benefit from his will, on the assumption that
he had no other reason, unconnected with his delusions, for rejecting them.
192.
It was then put to Professor Howard that Zoran was in essentially the same position,
but Professor Howard disagreed. He was, however, constrained to accept that this was
at least a possible interpretation to place upon some of the key documents. For
example, in December 1987 Bane wrote to David Mellor asking him to be a trustee of
his will, because he no longer trusted his solicitor or accountant (who were at that
stage two of the executors named in the 1984 Codicil). In this letter Bane said that he
had worked for over 35 years, and created substantial wealth. He then said:
“It is important for me, that these [sic] wealth doesn’t finish in
the hands of destructive people – Satanic Monsters.”
As Zoran was at that stage the primary beneficiary under the 1984 Codicil, it is
natural to read this sentence as expressing a fear on Bane’s part that his wealth would
end up in the hands of Zoran unless he was able to make a fresh will with trusted
executors and with the assistance of a trustworthy solicitor. Professor Howard was
asked whether he could suggest any other plausible explanation, but in my view none
of his suggestions carried conviction. For example, the suggestion that Bane might
have decided not to leave any money to his son for rational reasons, based on Zoran’s
interest in the occult and Bane’s disappointment that Zoran had not followed him into
business, runs into the obvious objection that both these factors were well-known to
Bane when he made the 1984 Codicil leaving everything to Zoran. Professor Howard
then suggested that Bane’s fear might have been that Zoran would not be able to use
his fortune wisely and protect it from other people whom Bane did not wish to get
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