When four friends eyed trusting mate's millions

By MONIQUE DEVEREUX

One summer night in late 1997, a butcher, a baker, a jeweller and a housekeeper gathered in a Glendowie bakery to discuss the death of an elderly friend.

They had two things in common - they had all worked with or for German-born optician Robert Leitl, and they all wanted more from his $5.5 million estate.

They allegedly planned to corroborate one another's claims and went so far as to try to make another man lie for them - something they were all to deny later in court.

The saga of the four, the German businessman and the million-dollar will, began when Mr Leitl died in Auckland in August 1997, aged 65. He was described by associates as astute, loyal and trustworthy.

He was also generous and over the years had given his housekeeper, Kosa Perisic, $100,000 to help her buy a house, a car and to travel overseas.

Before he died, he gave jeweller Michael Baker a bag of rubies, worth $20,000. Over 50 per cent of his estate was left to charity.

But in the months before his death, Mr Leitl appeared to have become wary of some who called themselves his friends, including those who had benefited from his generosity.

The multimillionaire was concerned enough to confide to his cousin Willy Ring, "Die Geier umkreisen mich" - the vultures are circling around me.

Now, three years after his death, a High Court judge has rejected three of four claims for gold, jewellery and cash from Mr Leitl's estate.

Mr Leitl shifted here with his wife, Traudi, in the 1960s.

He owned two optical companies until the 1980s and later had business interests in a bakery, a specialist Swiss butchery and a company called A Taste of Europe.

Mrs Leitl died in the United States in 1992 from lung disease.

Her husband died five years later in Auckland after his diabetic condition worsened.

As the couple were childless, their wealth was distributed between Mrs Leitl's goddaughter, extended family, the Royal New Zealand Foundation for the Blind, the Salvation Army and Auckland University.

But four of Mr Leitl's former staff and business associates - Mrs Perisic, Mr Baker, Roman Priore and John Pristat - lodged claims on the estate.

Mr Priore, the butcher, claimed entitlement to Mr Leitl's shares in Haro Foods, the company Mr Leitl incorporated to run Mr Priore's Swiss Butchery and Delicatessen.

Mr Pristat, the baker, claimed he was promised the bakery business owned by A Taste of Europe.

He said that it would be handed over debt-free.

Mr Baker said he had been gifted Mrs Leitl's jewellery, gold and diamonds.

Mrs Perisic wanted $450,000 so she would not have to work anymore - a promise she said Mr Leitl had made her.

Their case was heard in the High Court at Auckland in August before Justice Rod Hansen.

His reserved decision has now been released.

He rejected all but Mr Pristat's claim.

In his judgment, Justice Hansen said one of the four was "not a wholly convincing witness," one placed an "exaggerated value" on her services, and another put a "gloss" on Mr Leitl's words.

He said all the claimants' evidence supporting their claims was to be treated with caution - in particular the group's attempt to get another witness, Wolfgang Leonhardt, "to give perjured evidence in support of their claims."

Mr Leonhardt, Mr Leitl's closest friend, was invited to that meeting back in 1997.

He had originally filed a claim over the promise of Mr Leitl's Mercedes, which was not included in the will, but the claim was settled out of court.

In the High Court, Mr Leonhardt told of his shock and disbelief at being asked to give evidence to help the group and himself to gain from Mr Leitl's will.

In particular, he was told to say Mr Pristat had been promised the baking business, his son the Leitls' house and Mr Priore the butchery business.

Mr Leonhardt refused to help the group.

Now living in Perth, he is still angry about the "devious plan" the group had connived to benefit from his friend.

While Mrs Perisic, Mr Baker, Mr Priore and Mr Pristat all denied the plot, Justice Hansen said Mr Leonhardt was a "careful and truthful witness."

"I am satisfied that a proposal was made by Mr Pristat which the other plaintiffs understood and assented to."

Justice Hansen said Mrs Perisic "read into words of gratitude" a guarantee of financial security which Mr Leitl did not intend.

He noted that the housekeeper and her supporting witnesses "gave closely aligned evidence of the words of conversations which took place a year or more before their affidavits were sworn. Such recollection must be treated with care."

Mr Baker knew Mr Leitl because the German had bought jewellery from him.

Justice Hansen rejected his claims for more jewellery and gold bullion.

He said that although Mr Baker had been good to the German, their friendship was short.

The $20,000 gift of rubies "was ample reward for the modest services he provided to his friend," the judge said.

Mr Priore's claim - which was also rejected - related to Haro Foods, which Mr Leitl partially owned with Mr Priore. Mr Leitl had advanced the business $500,000.

Letting Mr Leitl take an active part in the business was an act of generosity that had cost him dearly, Mr Priore said.

But Justice Hansen called this "a distortion of reality."

"The inconsistencies and omissions in Mr Priore's account leave me in doubt as to the reliability of his evidence."

Mr Priore is shocked and upset at the judgment, and his lawyer says he will be considering his legal options.

The fourth member of the group, Mr Pristat, ran A Taste of Europe for Mr Leitl.

The company shares were held in Mr Pristat's name in trust for Mr Leitl.

His claim was based on a promise from Mr Leitl that he could have the business, debt-free. Justice Hansen found the promise was "more probable than not."

The lawyer acting for Mr Leitl's estate, Helen Sumich, said she was pleased with Justice Hansen's decision.

She said Mr Leitl's cousin Mr Ring, who lives in Germany, felt vindicated.

In his judgment Justice Hansen said: "All witness agreed that Mr Leitl was a man of his word."

"In my view, he was as good as his word."