125.
There was one occasion, early in their relationship, when Bane showed his 1988 Will
to Mr Evans, and told him that it had been prepared by Trowers & Hamlins. There
was some discussion between them about the terms of the 1988 Will, in the course of
which Bane explained that he had left his estate to the Conservative Party, and Mr
Evans mentioned to him that he might wish to consider setting up a foundation to
promote his very strong ideas about how society and people should behave. Mr
Evans was unable to recall the context in which this conversation took place, or why
Bane wished to show him his will. I agree with Mr Evans that the likeliest
explanation is that Bane showed him the 1988 Will because he was his accountant,
and he wanted to keep him up to date with his affairs. The conversation probably
took place in late 1988 or early 1989, but before the execution of the 1989 Will of
which Mr Evans was never shown a copy.
126.
During the course of their friendship Bane would occasionally mention his family, but
not often. The subject would usually arise if he had been telephoned by Jovanka or
Mirjana. Bane would tell Mr Evans that he had fallen out with his family before they
met, and that he had decided to cut his ties with them. He would occasionally refer to
Zoran, and gave Mr Evans to understand that he was very disappointed with Zoran
because he had no work and no career. He would say that Zoran “had never done a
day’s work”, and would also sometimes refer to him as “homosexual” – a term of
abuse which Bane would frequently use when being derogatory about people.
Nevertheless, it was clear to Mr Evans that the rift between Bane and his family was
painful for him, and he remembered the incident (also described by Bane in his diary)
when they were on holiday together in Ischia in July 1992 and Bane wept when he
showed him and his wife a beach where he and Zoran had played games together in
the past.
127.
In cross-examination Mr Evans said he remembered Bane mentioning the occasion
when the locks were changed on his house and blaming Zoran for it. Mr Evans
recalled that Bane was angry when he described this incident to him, and agreed that
it was an important event which Bane took as a clear sign that Zoran had taken his
wife’s side. Mr Evans qualified his agreement by going on to say that he did not
believe Bane held this incident against Zoran. However, while I do not question Mr
Evans’ personal belief, I do not agree with his view on this point. It seems to me that
the changing of the locks, for which Bane wrongly blamed Zoran, was a very
significant stage in his estrangement from his son and one that for ever after coloured
Bane’s attitude towards him.
128.
Mr Evans also gave evidence that on one occasion Bane said to him that Zoran would
benefit from the divorce settlement paid to Mirjana, on the basis that she would use
some of the money for Zoran. However, he was unable to recall the date or
circumstances in which this was said, and he confirmed in re-examination that he did
not mean to suggest that any specific funds were earmarked for Zoran. His
understanding was simply that Zoran would benefit in some way, but he had no idea
what the mechanics would be. In my judgment this evidence is too vague to establish
any clear intention on Bane’s part to benefit Zoran through his divorce settlement
with Mirjana, and there is anyway no evidence at all that the divorce settlement was
negotiated with this object in view.
129.
Finally, I should mention that Mr Evans was on more than one occasion the
beneficiary of considerable financial generosity by Bane. The details are set out in his