Pistorius granted bail, but when are the rich a flight risk?

It's easier for a millionaire to disappear than anyone else, but it still isn't a walk in the park.

Paralympian Oscar Pistorius was yesterday granted bail until his trial for the murder of his girlfriend, Reeva Steenkamp, but some fear he's a flight risk.

If Pistorius decided to jump bail, what would he have to do next, Spear's wondered? The wealthy have a history of trying to flee justice, and so we sent Oliver Thring to investigate how to disappear:

Flight has a long and inglorious history, of course, for men in trouble. Lord Lucan vanished in 1974, his blood-stained car found abandoned at an English ferry port shortly after his children’s nanny had been bludgeoned to death. Asil Nadir spent seventeen years in Northern Cyprus evading prosecution in the British courts for the theft of at least £34 million from Polly Peck.

And just last June the Brazilian-born industrialist Guma Aguiar, who had been embroiled in a billion-dollar business dispute, disappeared from his yacht. His wife claims he may be hiding in the Netherlands, but she and his mother are now scrapping over his $100 million fortune nonetheless.

Reading Thring's piece, it doesn't seem very likely Pistorius would succeed in going underground — he wouldn't be able to use any emails, or use a credit card, and he'd have to throw away all of his electronic devices, for a start.

Oliver Crofton is the director of technology security firm Vigilante Bespoke. ‘It’s nigh-on impossible to have an existence where you aren’t tracked or traced by technology,’ he says. John McAfee’s precise location in Guatemala, for example, was determined by the GPS co-ordinates embedded in a photo taken of him then posted online.

‘If the person really wanted to hide,’ says Crofton, ‘they’d need to change their name and chuck every device they had in the river. They couldn’t even open any emails, and they certainly couldn’t use a credit card — just a suitcase full of dollars.’ Crofton believes that people who flee their country without trying to stay hidden are ‘relying on people losing interest in them because tracing them, and their money, might get a bit complicated. I don’t think that’s a particularly failsafe plan.’

And it would require forward planning: he might want to try and gain citizenship for a country that won't seek to extradite him. Unless he can make a suitcase full of dollars last a lifetime, there would be the problem of trying to set up a complex enough financial structure to hide his money away.

‘I would always ask a prospective client why he wanted to hide his assets,’ says Bharat Pindoria of Pindoria Solicitors, who specialises in asset protection. (Pindoria emphasises that his firm ‘does not do asset protection to help criminals’.) ‘If the client said he’d ballsed up and might be in trouble, we wouldn’t be able to advise him, but if he lied and said it was to move abroad or because he had better opportunities elsewhere, that would be a different matter.’ For an unscrupulous person, then, another lie here is no trouble.

The best way to store stolen money or property is to transfer ownership offshore, adding as many degrees of remove as possible. ‘There would be no bank account in your name,’ says Pindoria. ‘You’re in Panama and you have power of attorney to withdraw money from a company in Mauritius, which might have a bank account in the Dutch Antilles. The Mauritius company is owned by a Belize company, which is owned by a Dutch Antilles trust.’

All of this, of course, would require expert legal advice — at a time when Pistorius might just struggle to find a lawyer.

Even if he did manage to disappear, just as the world's media is focussed on him, the psychological trauma of a lifetime spent hiding might just be too much to bear, and the stress could exacerbate any borderline personality disorder, or underlying psychological problems, he might have.

As Oliver Thring learned, many have tried, but not many have succeeded in disappearing.

An earlier version of this piece was posted on Spear's.

The hands of South African Olympic sprinter Oscar Pistorius are pictured as he appeared at the Magistrate Court in Pretoria on February 22, 2013. Photograph: Getty Images

Sophie McBain is a freelance writer based in Cairo. She was previously an assistant editor at the New Statesman.

Photo: Getty
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Forget planning for no deal. The government isn't really planning for Brexit at all

The British government is simply not in a position to handle life after the EU.

No deal is better than a bad deal? That phrase has essentially vanished from Theresa May’s lips since the loss of her parliamentary majority in June, but it lives on in the minds of her boosters in the commentariat and the most committed parts of the Brexit press. In fact, they have a new meme: criticising the civil service and ministers who backed a Remain vote for “not preparing” for a no deal Brexit.

Leaving without a deal would mean, among other things, dropping out of the Open Skies agreement which allows British aeroplanes to fly to the United States and European Union. It would lead very quickly to food shortages and also mean that radioactive isotopes, used among other things for cancer treatment, wouldn’t be able to cross into the UK anymore. “Planning for no deal” actually means “making a deal”.  (Where the Brexit elite may have a point is that the consequences of no deal are sufficiently disruptive on both sides that the British government shouldn’t  worry too much about the two-year time frame set out in Article 50, as both sides have too big an incentive to always agree to extra time. I don’t think this is likely for political reasons but there is a good economic case for it.)

For the most part, you can’t really plan for no deal. There are however some things the government could prepare for. They could, for instance, start hiring additional staff for customs checks and investing in a bigger IT system to be able to handle the increased volume of work that would need to take place at the British border. It would need to begin issuing compulsory purchases to build new customs posts at ports, particularly along the 300-mile stretch of the Irish border – where Northern Ireland, outside the European Union, would immediately have a hard border with the Republic of Ireland, which would remain inside the bloc. But as Newsnight’s Christopher Cook details, the government is doing none of these things.

Now, in a way, you might say that this is a good decision on the government’s part. Frankly, these measures would only be about as useful as doing your seatbelt up before driving off the Grand Canyon. Buying up land and properties along the Irish border has the potential to cause political headaches that neither the British nor Irish governments need. However, as Cook notes, much of the government’s negotiating strategy seems to be based around convincing the EU27 that the United Kingdom might actually walk away without a deal, so not making even these inadequate plans makes a mockery of their own strategy. 

But the frothing about preparing for “no deal” ignores a far bigger problem: the government isn’t really preparing for any deal, and certainly not the one envisaged in May’s Lancaster House speech, where she set out the terms of Britain’s Brexit negotiations, or in her letter to the EU27 triggering Article 50. Just to reiterate: the government’s proposal is that the United Kingdom will leave both the single market and the customs union. Its regulations will no longer be set or enforced by the European Court of Justice or related bodies.

That means that, when Britain leaves the EU, it will need, at a minimum: to beef up the number of staff, the quality of its computer systems and the amount of physical space given over to customs checks and other assorted border work. It will need to hire its own food and standards inspectors to travel the globe checking the quality of products exported to the United Kingdom. It will need to increase the size of its own regulatory bodies.

The Foreign Office is doing some good and important work on preparing Britain’s re-entry into the World Trade Organisation as a nation with its own set of tariffs. But across the government, the level of preparation is simply not where it should be.

And all that’s assuming that May gets exactly what she wants. It’s not that the government isn’t preparing for no deal, or isn’t preparing for a bad deal. It can’t even be said to be preparing for what it believes is a great deal. 

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to domestic and global politics.