BrigadierToby Austin Richard William Low, 1st Baron Aldington, Baron Low, KCMG, CBE, DSO, TD, PC, DL (25 May 1914 – 7 December 2000), known as Austin Richard William Low until he added "Toby" as a forename by deed poll on 10 July 1957,[1] was a British Conservative Party politician and businessman. He was however best known for his role in Operation Keelhaul, the forced repatriation of Russian, Ukrainian and other prisoners of war, some of whom had collaborated with the Nazis, to the Soviet Union where many of them were executed or sent to labor camps. After he was accused of war crimes in the late 1980s, he successfully sued his accusers for libel.[2]
In 1957, he was knighted and became chair of the Select committee on nationalised industry. In 1959, he became deputy Conservative Party chairman. In 1962 he was created Baron Aldington, of Bispham in the County Borough of Blackpool, and increased his business interests, serving as the chairman of several companies. He had been a director of the Grindlay family banking company, Grindlays Bank, in 1946, following his father and grandfather.
In 1964, Lord Aldington became Chairman of the bank as well as of GEC.[2] In 1971, he joined the BBC general advisory council, and became chairman of Sun-Alliance and the Port of London Authority.[2] In 1972, he became co-chairman, with Jack Jones, of the joint special committee on the ports industry. He became chairman of Westland in 1977.
In 1999, when hereditary peers were excluded from the House of Lords by the House of Lords Act 1999, as a hereditary peer of first creation he was granted a life peerage as Baron Low, of Bispham in the County of Lancashire, so that he could remain.[5]
In 1989 Lord Aldington initiated and won a record £1.5 million (plus £500,000 costs) in a libel case against Nikolai Tolstoy and Nigel Watts, who had accused him of war crimes in Austria during his involvement in the Repatriation of Cossacks at Lienz, part of Operation Keelhaul at the end of the Second World War.[2] Tolstoy had written several books (Victims of Yalta in 1977, Stalin's Secret War in 1981, The Minister and the Massacres in 1986) about the alleged complicity of British politicians and officers with Stalin's forces in the murder of White Russian exiles from Soviet Rule, Cossacks, Croatian paramilitaries and collaborationist fugitives from Tito, as well as 11,000 Slovenian anti-communist fighters.[7]
Nigel Watts, who was in a business dispute with Sun Alliance, one of Lord Aldington's former companies, used this information to further his own cause, printing 10,000 leaflets about Aldington's role in the matter and circulating them to politicians and other figures.[8] Tolstoy avoided paying the damages by declaring himself bankrupt,[8] although shortly after Aldington's death he paid £57,000 in costs to Aldington's estate.[9]
In July 1995, the European Court of Human Rights decided unanimously that the British Government had violated Tolstoy's rights in respect of Article 10 of the Convention on Human Rights, describing the damages as "excessive and not necessary in a democratic society".[10]
This decision referred only to the amount of the damages awarded against him and did not overturn the judgement in the libel action. The Times commented:
In its judgment yesterday in the case of Count Nikolai Tolstoy, the European Court of Human Rights ruled against Britain in important respects, finding that the award of £1.5 million levelled against the Count by a jury in 1989 amounted to a violation of his freedom of expression. Parliament will find the implications of this decision difficult to ignore.
Subsequently, allegations were made that Aldington had been materially assisted by friends at the Ministry of Defence, who had suppressed crucial documentation, but Tolstoy and Watts were refused Leave to Appeal on the basis of those findings.[11] Nigel Watts was jailed for 18 months in April 1995, after repeating the libel that Aldington was a war criminal in a pamphlet. The sentence was reduced to nine months on appeal. In June 1995, Watts was released from prison after issuing a public apology to Aldington.[8]
In 1996 the Court of Appeal upheld an order Aldington had obtained that made the lawyers acting for Tolstoy pro bono parties to the case, and thereby jointly liable with Tolstoy for any costs or damages awarded to Aldington. This order was combined with a requirement that Tolstoy underwrite the cost of Aldington's defence to obtain leave to appeal.[12]