Gentlemen,

Of course, I might be wrong.
But, the way I understand it so far we have a number of issues. Mainly:

1. Nixon not being paid.
2. Nixon is lying.
3. Nixon is over shooting his quota.
4. Nixon is allowing his unlicensed son to guide clients.

The first two points are really of concern to Nixon and his client.

The second two points can open a whole can of worms for clients, especially from the US.

quote:

Originally posted by Jim Manion:
AAZW.

FOR THE RECORD - I do not know Phifier, never met the guy, never interacted with him on this board on any prior posts.

Any more attacks on my credibility, or are we through?

As far as my opinion goes, I may have an opinion, but I certainly cannot support it with fact. That said, as I noted, it is probably better to keep from airing them on a public forum where the "law of unintended consequences" may be in effect.

This is an internet forum, not a court of law. There are no rules, like the rules that set standards for admissible evidence, rules that bar opinions from people other than certified experts, and rules that require authentication insuring that any documents presented are teur, correct and complete, without alteration. Rules, mind you, that have been established to insure that the trial of the issues is a fair one, and both parties are given an equal opportunity to present their sides.

Here, it is pretty clear that neither party is going to present evidence here - and I say good for them. That is their right, and neither has to answer to anyone else on this board.

You and I can agree to disagree. But I continue to be of the belief that speculation, unvetted accusations and the reliance on unauthenticated materials serves no useful purpose when aired in a public forum. I believe that such banter only provides fuel for those with an agenda against us. In addition, I personally do not want to contribute to the destruction of one party's or the others reputation and possibly livelihood when concrete facts are very few and far between. But those are my opinions, and I respect your right to think otherwise.

One opinion we do share - whomever the guilty party is here should be strung up by the wedding tackle, left for Hyena bait, and be subject to serious financial consequences.

Fair enough Jim.

But answer my question please: can you think of a viable reason why Nixon would bring this up if in fact he Phifer did pay his trophy fees? This makes absolutely no sense.

And even in a court of law, one need not be 110% sure someone is guilty, just guilty "beyond a reasonable doubt."

quote:

Originally posted by Saeed:
Gentlemen,

Of course, I might be wrong.
But, the way I understand it so far we have a number of issues. Mainly:

1. Nixon not being paid.
2. Nixon is lying.
3. Nixon is over shooting his quota.
4. Nixon is allowing his unlicensed son to guide clients.

The first two points are really of concern to Nixon and his client.

The second two points can open a whole can of worms for clients, especially from the US.

I'm not allocating blame at all because I wasn't there, I don't know what happened and I don't believe trial by internet ever works.

As I see it, there is no excuse for non payment of monies owed if there is a non payment issue.... but again I don't know enough about that to comment further.

As I've said elsewhere there is no end of possible scenarios but in some of them, I can think of at least 10 separate, very serious offenses that could possibly have been unwittingly committed by US citizens.... If true and/or proveable, those offenses could not only be used to unfairly penalise individual members but also to unfairly penalise an entire industry.

Hope that statement is plain enough for those who can't read between the lines to understand.

Also hope that statement does at least something to stop people shooting from the lip.

I thought about my responses to Shakari today and realize that I was unnecessarily rude and apologize for it.

I agree with what he is attempting to accomplish with this thread, just not the method. That does not excuse my behaviour.

quote:

Originally posted by Lhook7:
I thought about my responses to Shakari today and realize that I was unnecessarily rude and apologize for it.

I agree with what he is attempting to accomplish with this thread, just not the method. That does not excuse my behaviour.

I actually think we're on the same page really, it's just that I believe we need to excercise a degree of discretion in case someone accidentally drops themselves in the smelly brown stuff.

----- Original Message -----

From: Nixon Dzingai

To: bill Phifer

Sent: Tuesday, June 02, 2009 7:22 PM

Subject: Hunting

Hi Bill

I'm now back home just finished the hunt. I'M glad to tell you that the whole of the stuff are waiting to meet with you.Don't know how do you need this to be done as Ican tell you need more than Elep.you can come much earlie and have more days to hunt and look for the better bull so that we won't rush it.the cost of the 12days Elep hunt is 19000+4%govt levy=19760 this price include one trophy bull and transportation from Harare to camp and back,food and laundly is also included. as Ican see you need more than one animal the trophy fee will apply.

Buffalo 3000

Leop 4000

Nyala 3000

Water Buck 2500

croc 3000

Hippo 3000

kudu 1000

Bush buck 600

tmpala 300

zebra 800

Kilps 600

warthog 400

hyeana 400

wildbeast 800

Leop Baits 200 each.

If you are happy with this whole thing you can send the deposit to seal the deal.we need 10000 now and send the rest just before the hunt or you can bring the remaining 9760 with you and give to me before the hunt.tell me exactly what other animals you will be looking for apart from Elephant and Leopard.if you dont shoot your Elep 9000 will refunded to you or you will shoot other animals to cover your mpney.

Thanks hope to hear from you soon.

Nixon

----- Original Message -----
From: Bill Phifer

To: Nixon Dzingai

Sent: Friday, June 05, 2009 11:08 PM

Subject: RE: Hunting

Nixon,

I did not receive your e-mail of June 2nd. I am sorry for any confusion. I sent a deposit based on what I had heard from Bobby Lowe previously. (He said you would want $5,000, and I just decided to send $8,000 so you were happy) Thanks for resending your June 2 message. It makes things much more clear. It looks like there won’t be any problem. If you need me to send more before I arrive I can do that.

The only major difference I see is the trophy fee for Leopard, and you did not list the lion fee in your message below. Bobby had indicated $3000 for the leopard and $6000 for the lion. I am willing to work with you so that everyone is happy. I want to be fair. I would be very excited to take a leopard and a lion. I have been told it has been a long time since you have taken a lion on Malapati. Your reputation for killing good leopards is very strong.

Yes, it is a 13 day hunt. I do want to spend most of the time looking for a very good elephant and very good buffalo. If we have good cats on bait, that will be great. With good luck, we will have time for other animals. I do like to hunt very hard. Other animals of interest on your list below would be bushbuck and klipspringer. These are not a priority.

Butch contacted Bobby today for my address to send me the sim cards. I will talk to Butch soon. Let me know if I can bring anything else for your family or staff. I know how hard (and expensive) it can be to find certain items in Zimbabwe.

Thank You,

Bill Phifer

---------------------------------------------------------------------------------------

---- Original Message -----
From: Bill Phifer

To: Nixon Dzingai

Sent: Monday, June 08, 2009 5:08 PM

Subject: RE: Hunting

Nixon,

Please put out the baits you feel are necessary to have a successful hunt. I am guessing this may be 3-5 leopard baits and also 1-2 lion baits. If a good lion is in the area we definitely want to keep him well fed! Please replenish any baits actively being fed on.

I talked with Butch over the weekend. He is still very excited about his elephant! He is sending me the SIM cards and I will bring them with me. I have also picked up four watches for your staff. Do they want baseball style hats for the sun or wool hats for warmth? I will also look for a few skinning knives. Let me know if there is anything else I can do.

Cheers!

Bill Phifer

From: Nixon Dzingai [mailto:sengwesafaris@zol.co.zw]
Sent: Monday, June 08, 2009 11:48 PM
To: Bill Phifer
Subject: Re: Hunting

Thanks my friend Iwill do as you said.5leopard baits plus 2lion baits will be great to start with.Base ball hats for the boys and wool hats for the girls you can also bring some wool warmth for the boys who will be with us on the leopard brind.don't forget the watch's for the girls as well.if you can also look mout for the digetal camela for me if you can.just let me know how much it will cost.also look out for laptop computer if you have time a good second hand will be okay for me just let me know how much the cost will be.

Thanks

Nixon


-- Original Message -----
From: Bill Phifer
To: Nixon Dzingai
Sent: Friday, June 19, 2009 4:57 PM
Subject: Wire transfer


Nixon,


I sent another wire transfer this morning for $12K. I will start my journey from the US Sunday morning. Will your son meet me in Harare, or will you be there? Please send me contact information in the event that flights are delayed, etc. I am currently scheduled to arrive in Harare at 19:40, on 22 June, SA flight #24.

Cheers!

Bill Phifer



According to the email exchange between Phifer and Nixon:

Phifer wired Nixon 8k and then an additional 12k prior to his hunt for elephant. The agreed price for the elephant hunt was 20k. In addition, Phifer agreed to purchase multiple baits for leopard and lion.

Phifer during his hunt, shot an additional elephant, 2 buff, 1 croc and 1 giraffe.

The 26k Phifer owes is for the trophy fees for the animals he shot.

Do you really think arbitration will resolve this with a person like Phifer who lacks integrity? Phifer has lied about this entire situation:

1. Phifer claimed he had his American express checks stolen.

2. Phifer fabricated a story that Nixon stole his laptop, camera and other items. Phifers own emails states that these were gifts.

3. Phifer denies that he shot all of these animals that Nixon says he did. Phifer will not clarify exactly what animals he did shoot.


Again, does anyone really think an arbitration court would really be fair to Nixon? What is there to arbitrate? Phifer shot the animals and he owes the money for the trophy fees.


dale

quote:

Again, does anyone really think an arbitration court would really be fair to Nixon? What is there to arbitrate? Phifer shot the animals and he owes the money for the trophy fees.

Nothing you have posted would suggest to me that an arbitration court would not be fair to Nixon. Why wouldn't it? He has to have proof that Phifer shot the animals, which should be easy to obtain and a total cost accounting versus what he was paid (not including the "stolen" TCs). If he has such proof, and has not been paid, then it seems like an open and shut case to me.

Bottom line and this is just my opinion, if Nixon isn't willing to go to a binding arb hearing with prior appropriate guarantees of payment, then I'm wondering if he's as right as you seem to think he is.

quote:

Originally posted by daleW:

According to the email exchange between Phifer and Nixon:

Phifer wired Nixon 8k and then an additional 12k prior to his hunt for elephant. The agreed price for the elephant hunt was 20k. In addition, Phifer agreed to purchase multiple baits for leopard and lion.

Phifer during his hunt, shot an additional elephant, 2 buff, 1 croc and 1 giraffe.

The 26k Phifer owes is for the trophy fees for the animals he shot.

Do you really think arbitration will resolve this with a person like Phifer who lacks integrity? Phifer has lied about this entire situation:

1. Phifer claimed he had his American express checks stolen.

2. Phifer fabricated a story that Nixon stole his laptop, camera and other items. Phifers own emails states that these were gifts.

3. Phifer denies that he shot all of these animals that Nixon says he did. Phifer will not clarify exactly what animals he did shoot.


Again, does anyone really think an arbitration court would really be fair to Nixon? What is there to arbitrate? Phifer shot the animals and he owes the money for the trophy fees.


dale

Can you give one good reason arbitration wouldn't be fair to Nixon? Something you know about American arbitration that others of us may not be aware of? I'm not making any accusations by saying this, but if you forwarded me that same email exchange I could forward it back to you and have it say whatever I wanted it to, just sayin'. It's kinda like posting on these forums, I can quote another post and edit what it says, just like I deleted the email exchange from your post I am quoting now. Without actually going into each of their email accounts and digging out the original sent messages and verifying them there isn't anything backing them up.

If in Nixons position I don't believe I would come to the US for arbitration. There is no way in the world I would want to be a man of modest means, in a foreign country, not familiar with the legal system, not knowing what statements have been given to authorities (even if false) that could result in charges or incarceration for violation of US or International regulations. Especially not when viewed from the perspective of someone who grew up in a third world country where money and connections trump the truth almost every time. There is also the consideration of lost hunting days and revenue for Nixon.
To look at it from the other perspective- Would it be reasonable to expect Phifer to travel to Zim for arbitration, if expenses were covered, considering he could end up in a Zim jail if things went badly?
I don't see why statements from those involved, statements from witnesses, and any relevant documents couldn't stand on their own for arbitration. If need be, it is the 21st century, we have the internet, sat phones and world wide teleconferencing these days.
But this is where I see the problem- From what I have read here, it should be simple to determine who signed what checks, if and when they were reported stolen and what bank transfers were or were not made. The sticky part would be investigating the charges that have been alluded to possibly hunting in violation of Zim laws. Could one person appear to be in charge of the hunt while another fully licensed PH is legally overseeing the hunt unknown to the client? If a game scout gives verbal approval of a situation without government paperwork, is the hunt technically illegal? If the client makes a shot at dusk, whose watch do you go by? If the client isn't running a GPS every step of the hunt, how do you prove exactly where the hunt took place? At what point do real or imagined inconsistencies in the hunt add up to violations where the client isn't responsible for paying?

I see the inconsistencies of Nixon's operation as a red herring with respect to Phifer's bill. Perhaps Nixon did some inappropriate things; Phifer pulled the trigger and owes the TFs.

Note that Phifer has never stated that he shouldn't have to pay TFs because Nixon acted inappropriately, broke the law, etc. In fact, if he knew that at the time, then he is guilty too, huh?

The bottom line is that Phifer claims to have paid his TFs; Nixon says he has not. Nixon claims Phifer signed the TCs; Phifer claims they were stolen.

Maybe what Nixon should do is get a POA and let someone in the US file his legal claim. We have enough lawyers here like JudgeG and MR...what do you guys think?

quote:

Maybe what Nixon should do is get a POA and let someone in the US file his legal claim. We have enough lawyers here like JudgeG and MR...what do you guys think?

I'll pass suing (or representing) anyone. My participation in the "Nixon-Phifer" threads was to try to find a solution that was fast, fair to both and might help avoid permenant consequences to either party. (There is life after AR, btw!)

Nixon has advisors and supporters. Phifer has a lawyer. I have a safari in a month. I'll let them concentrate their efforts where they may.

As for me, I'm making sure my new .416 Ruger will shoot 350 grain Swift A-Frames at 2500 f.p.s, or so. My Searcy .450 N.E. is ready with DGS's for an elephant.

May justice be found and may I get a 44" buffalo and not be made into butter by a nasty old tembo!

quote:

Originally posted by JudgeG:

quote:

Maybe what Nixon should do is get a POA and let someone in the US file his legal claim. We have enough lawyers here like JudgeG and MR...what do you guys think?

I'll pass suing (or representing) anyone. My participation in the "Nixon-Phifer" threads was to try to find a solution that was fast, fair to both and might help avoid permenant consequences to either party. (There is life after AR, btw!)

Nixon has advisors and supporters. Phifer has a lawyer. I have a safari in a month. I'll let them concentrate their efforts where they may.

As for me, I'm making sure my new .416 Ruger will shoot 350 grain Swift A-Frames at 2500 f.p.s, or so. My Searcy .450 N.E. is ready with DGS's for an elephant.

May justice be found and may I get a 44" buffalo and not be made into butter by a nasty old tembo!

Earnest,

Not to steal the thread, but why don't you use 400 A Frames? Devastating bullet.

AZ:

The 350 grain bullets have a sectional density of .289 or so. That's pretty darn good and only eleven ten thousands from the magic .300 that was the benchmark back before "premium" bullets.

I can load 350's to low pressures and still get well over 4400 ft. lbs. of energy and trajectory that is most usable... and a wee bit less recoil than heavier loads.

A-Frames retain close to 100 per cent of original weight, expand reliably at low velocities and, I, having seen buffalo die promptly when they encounter one in the shoulder, have confidence.

I just like the idea... 400 grains at 2300 f.p.s. in the short Alaskan barrel is good, but 2530 f.p.s. with the 350 grain bullet is eating your cake and still having it, too... at least, IMHO.

2" high at 100 yards, and I'll kill every impala I shoot at out to 225 or so with no hold over. That'll work.

I don't have tons of experience with buffalo or scientific knowledge of sectional density, but my .375 H&H killed buffalo dead as snot with 270 grain bullets, those having the same S.D. as the 350's that you ask about. As I said, "That'll work!"

Is the 400 grain devestating. In spades, my friend... but is it the best buffalo bullet for the Ruger? Maybe. But if I'm using the rifle for double duty as a back up rifle (and assuming 400 grain DGS bullets shoot close to p.o.a. with the A-Frames and understanding that I have a Searcy .450 N.E. on the crusier with me if I see an elephant or the Star Ship Enterprise...), I'll stick to the 350 bullets and do my best to Searcyize elephants with more "classic" loads.

I think the little Ruger .416 will do just fine, particularly since a 400 grain sold will be the next one up the pipe.

quote:

Originally posted by JudgeG:
AZ:

The 350 grain bullets have a sectional density of .289 or so. That's pretty darn good and only eleven ten thousands from the magic .300 that was the benchmark back before "premium" bullets.

I can load 350's to low pressures and still get well over 4400 ft. lbs. of energy and trajectory that is most usable... and a wee bit less recoil than heavier loads.

A-Frames retain close to 100 per cent of original weight, expand reliably at low velocities and, I, having seen buffalo die promptly when they encounter one in the shoulder, have confidence.

I just like the idea... 400 grains at 2300 f.p.s. in the short Alaskan barrel is good, but 2530 f.p.s. with the 350 grain bullet is eating your cake and still having it, too... at least, IMHO.

2" high at 100 yards, and I'll kill every impala I shoot at out to 225 or so with no hold over. That'll work.

I don't have tons of experience with buffalo or scientific knowledge of sectional density, but my .375 H&H killed buffalo dead as snot with 270 grain bullets, those having the same S.D. as the 350's that you ask about. As I said, "That'll work!"

Is the 400 grain devestating. In spades, my friend... but is it the best buffalo bullet for the Ruger? Maybe. But if I'm using the rifle for double duty as a back up rifle (and assuming 400 grain DGS bullets shoot close to p.o.a. with the A-Frames and understanding that I have a Searcy .450 N.E. on the crusier with me if I see an elephant or the Star Ship Enterprise...), I'll stick to the 350 bullets and do my best to Searcyize elephants with more "classic" loads.

I think the little Ruger .416 will do just fine, particularly since a 400 grain sold will be the next one up the pipe.

I can't fault your logic.