Dealer hired thugs to kill rival, judge rules

LONDON - A British property dealer was yesterday held responsible for the murder of a former business rival two years after the criminal courts cleared him of any involvement in the killing.

In an extraordinary ruling, a High Court judge said he had found compelling evidence to prove that Nicholas van Hoogstraten had arranged the murder of Mohammed Raja, who was shot and stabbed by two assassins in 1999.

Justice Lightman ruled that van Hoogstraten "recruited two highly-dangerous thugs" to murder Raja in order to halt a legal action Raja was bringing against him. "Nothing less than murder would rid Mr van Hoogstraten of this thorn in his flesh," said the judge.

The finding is central to a £6 million ($15.3 million) civil action being brought against the businessman by the dead man's family. Raja, 62, had begun legal proceedings against van Hoogstraten after the Brighton-based businessman had allegedly reneged on a £600,000 business deal.

The family argued that van Hoogstraten should not be allowed to defend the civil proceedings because he solicited or caused Raja's death.

Raja was stabbed and shot after answering the doorbell at his home in Sutton, south London, on July 2, 1999. Robert Knapp and David Croke, are serving life for his murder.

Van Hoogstraten, 59, who was accused of recruiting the men to carry out the murder, was sentenced to 10 years' jail at the Old Bailey in 2002 for manslaughter, but his conviction was quashed by the Court of Appeal. After Raja's death his widow later sued for "loss of dependency" and his two grandsons, who witnessed the killing, began personal injury claims for post-traumatic stress.

Yesterday the judge, hearing all the claims together, ordered van Hoogstraten to pay the Raja family £500,000 interim costs within 14 days.

In applying for the costs order, Peter Irvin, for the Raja family, had told the judge: "Your judgment shows Mr van Hoogstraten to be a cowardly and murderous thug who will stop at nothing to preserve his miser's hoard."

Van Hoogstraten was not in court to defend the case. Van Hoogstraten is estimated to be worth £600 million.

In 1968, he was sentenced to four years jail after hiring others to firebomb the home of a business associate who he claimed owed him money. Even then the judge in that trial described the young property dealer as a self-styled "emissary of Beelzebub".

Giving judgment yesterday after a six-day hearing in London last month, Lightman said: "I am satisfied that the recruitment of the two thugs was for the purpose of murdering Mr Raja and not merely frightening or hurting him. The use of two violent thugs armed with a shotgun was more than was needed to frighten or injure him. The second shot was deliberately aimed at killing him.

"Mr Raja had at all times shown himself resilient, ready to resist threats and to complain to the police. Nothing less than murder would rid Mr van Hoogstraten of this thorn in his flesh."

The property dealer later boasted about the murder "and threatened a repeat if aggravated in the future", said the judge.

Although Lightman's civil judgment was reached on the balance of probabilities, a lower standard of proof than in a criminal court, the judge made it clear that his findings were "beyond reasonable doubt". Van Hoogstraten, in arranging the murder, was attempting to avoid Raja's court action. "The evidence pointing to this conclusion is overwhelming."

Raja family solicitor Patricia Hare said that the family would now apply to amend the claim against van Hoogstraten to include "aggravated and exemplary damages".

LEGAL HISTORY

* 1968: Van Hoogstraten sentenced to four years' jail after hiring others to firebomb a house. Judge in that trial described him as a self-styled "emissary of Beelzebub".

* July 2002: Sentenced to 10 years' jail for manslaughter of Mohammed Raja, shot and stabbed in 1999.

* February 2003: Granted leave to appeal.

* July 2003: Court of Appeal overturns conviction on the ground that the judge misdirected the jury.- INDEPENDENT