The Tribune

By AVA TURNQUEST

Tribune Chief Reporter

aturnquest@tribunemedia.net

A FORMER Peter Nygard employee is claiming he knows how Save The Bays’ emails and financial records ended up in a former MP’s “political garbage can” in 2016.

Vivian Whylly, reportedly a former public relations consultant for the Canadian fashion mogul, alleges the emails and financial information were given to then Progressive Liberal Party deputy leader Philip Davis, who in turn passed them on to the-then Marathon MP Jerome Fitzgerald.

He further claimed a former employee at Mr Davis’ law firm kept the information on a red USB drive and shopped the STB emails to Nygard asking for $10m.

Based on his claims, a former STB employee and her husband - a former Davis and Co attorney - are facing legal action.

Last week, Supreme Court Justice Keith Thompson granted an order to add the pair, Vanessa Haley Benjamin and Allan Benjamin, as co-defendants after reading affidavits filed by Mr Whylly and lawyer Lakeisha Hanna, an attorney at Harry B Sands, Lobosky & Company.

Ms Hanna’s affidavit outlined her firm’s efforts to review approximately 7,637 e-mails and documents received from Mr Whylly that purport to show his relationship with Nygard, and allegedly included: emails either sent by or to Mrs Benjamin demonstrating her involvement in the matter; and emails which were not sent to the couple but demonstrated that they should be added as co-defendants.

Mr Whylly purportedly worked for Nygard as a PR consultant from 2013 to mid-2016. He said he agreed to assist STB with their investigation sometime in April 2018 after he was notified that some of the directors of STB were considering suing for allegedly defamatory statements he made towards them while working for Mr Nygard.

In a 50-page affidavit that was sworn on January 30, and filed on February 21, he details his knowledge of the email leak including meetings with the couple and others over a two-year period.

He said he was introduced to Mr Benjamin in May 2016 by Renaldo Collie, a customs officer at the time, and Christio Edgecombe, a police corporal.

The initial meeting was allegedly held “after office hours” at Davis & Co, according to Mr Whylly, who said Mr Benjamin had been unsuccessful in previous attempts to meet Mr Nygard through attorney Keod Smith, his former property manager Eric Gibson, and Carlos Mackey.

Mr Whylly’s affidavit read: “In the presence of Mr Edgecombe and me, Mr Benjamin stated: ‘I have in my possession all of the information that Peter Nygard would need to bury Save The Bays.’”

Mr Whylly said at the time Mr Benjamin did not disclose the name of his wife, but opened the USB drive on a grey laptop and displayed emails of STB members and bank statements of transferred funds.

Mr Benjamin allegedly explained that his wife had saved the emails on her personal laptop before leaving the environmental group because she did not agree with the way its funds were being managed; and was acting as a lawyer for his wife in the STB emails controversy.

Mr Whylly said Mr Benjamin insisted on meeting with the fashion mogul personally, and promised to take care of him financially if he was successful.

He further alleged Mr Benjamin detailed his financial troubles, as Mrs Benjamin suffered from multiple sclerosis; one of his children was also sick; and – at the time – he had a gun charge against him.

The affidavit read: “Mr Benjamin told me that the Honourable Philip ‘Brave’ Davis prompted him to take a leave of absence from the office of Davis & Co because of the gun charge against him.”

It also claimed Mr Benjamin said Mr Davis had helped him favourably resolve the gun charge and that as a “thank you” to the politician, Mr Benjamin gave Mr Davis a copy of the USB content of STB emails.

“Mr Benjamin continued by telling me: ‘If I get $10 million, you will get $1 million!’”

The affidavit continued: “As we drove home in Gambier Village, Mr Benjamin again told me that he gave copies of the Save The Bays emails to Philip ‘Brave’ Davis and that Davis told Mr Benjamin that he (Mr Davis) shared the Save The Bays emails with Mr Jerome Fitzgerald.

“We did not discuss whether there were any financial terms attached to Mr Benjamin’s disclosure of the Save The Bays emails to . . . Philip ‘Brave’ Davis.”

Mr Whylly said he arranged a meeting between Nygard and Mr Benjamin in mid-June 2016.

Mr Whylly said Mr Benjamin declined to have the contents of the USB projected onto a big screen TV and instead displayed the information from his personal laptop.

He alleged Mr Benjamin and Mr Nygard then spoke in private, adding he could see the attorney wiping his eyes in front of Mr Nygard as he watched from outside a glass door.

Mr Whylly claims he was told by Mr Benjamin that Mr Nygard said he was interested and had arranged another meeting, and had promised to give him $10,000 for his wife’s medical expenses – to be received from Mr Gibson.

Mr Whylly said he was promised $1,000 from this sum by Mr Benjamin, but never received any money.

On July 2, 2016, Mr Whylly alleged another meeting was held at Davis and Co with Mr Benjamin, Mr Edgecombe, and a Chicago-based attorney Sean G Wieber who was reportedly working with Mr Nygard’s lawyer Dan West of Winston & Strawn LLP.

Mr Wieber asked to take the USB back with him to the US, according to Mr Whylly, who stated Mr Benjamin allegedly declined.

Mr Whylly said Mr Benjamin claimed he never received any funds from Mr Gibson or Mr Nygard, and later that month dropped out of contact with him and “stopped picking up his phone.”

He said he was told by Mr Benjamin in October that the lawyer had got into real estate and was very busy taking care of his family.

Mr Whylly allegedly had his first encounter with Mrs Benjamin in November 2016 at a party held by Roger Gomez Jr, where he told her of attempts to arrange a meeting between her husband and Nygard.

Mr Whylly states he met Fred Smith while attending Supreme Court hearings related to the STB matter the following year in June.

He offered to arrange a meeting between Mr Smith and Mrs Benjamin to see if she would be willing to share any information on the matter.

Mr Whylly said when he reached out to Mrs Benjamin, who appeared to be in distress during the call and told him she was separating from her husband.

Mr Whylly claims Mrs Benjamin told him she had saved the emails to her computer during a lunch meeting in late October 2017, but insisted she had not given her husband permission to disclose them.

At another meeting in November 2017, Mr Whylly states Mrs Benjamin told him she was filing for divorce, and he encouraged her to cooperate with STB.

According to the affidavit, several attempts were made to establish an agreement between STB and Mrs Benjamin to pay her legal fees in exchange for her cooperation.

Fred Smith reportedly paid her attorney Mr Gomez Jr a $10,000 retainer by cheque.

However, the draft agreement was never signed, and a copy of the agreement along with a draft affidavit was included in supporting exhibits. The unsigned affidavit purports to be from Mrs Benjamin, and alleges the emails and financial information had been saved to her laptop so that she could work from home, and that she never voluntarily disclosed them.

The Tribune has made numerous attempts to contact Mr Davis concerning the allegations but received no response up to press time.

STB members obtained an injunction on March 18, 2016 against the further sale or publication of documents relating to Zack Bacon, Fred Smith, QC, the environmental organisation and its directors. The injunction prevents persons known and unknown from presenting further private information about STB.

The group is seeking damages for breach of contract and/or duty and/or for breach of confidence, among other reasons.