DESKBY 310030Z
IMMEDIATE
CYPHER/CAT A
GRG 400
FM FCO 301955Z
CONFIDENTIAL
DESKBY 310030Z
CONFIDENTIAL
255
LART
REF.
251)
(HK)
TO IMMEDIATE HONG KONG TELNO 937 OF 30 OCTOBER. 1974
YOUR TELNO 1064 AND TELEPHONE CONVERSATIONS HOBLEY/STUART AND HOBLEY/PRENDERGAST: GODBER.
1. RUSHFORD AND STUART SAW SCRIVENER ON 29 OCTOBER AND ATTORNEY GENERAL ON 39 OCTOBER. LATTER THEN INTERVIEWED SCRIVENER, AND AGREED WITH HIM THAT MRS GODBER'S AFFIDAVIT WAS IN THE NATURE OF A PROOF OF EVIDENCE AND SHOULD NOT BE PASSED TO PROSECUTING ́COUNSEL AT THIS STAGE.
2. ATTORNEY GENERAL ALSO ENDORSED THE PROPOSALS IN PARAGRAPHS 1 AND 2 OF MIFT, AND AGREED WITH SCRIVENER THE TERMS OF PARAGRAPH 3 FROM WHICH HE SUBSEQUENTLY SPOKE TO FRENCH.
3. IN INFORMING US OF HIS ACTION, ATTORNEY GENERAL SAID HE HOPED SUPERINTENDENT IRVINE WOULD NOT BE TREATED HARSHLY. HOWEVER INJUDICIOUS HIS ACTION AND EXAGGERATED HIS STATEMENT OF A DEAL MAY HAVE BEEN, IT HAD RESULTED IN THE DISCLOSURE TO THE DEFENCE OF INFORMATION WHICH THEY OUGHT TO HAVE RECEIVED.
4. WHEN THE ATTORNEY GENERAL SPOKE TO FRENCH, THE LATTER ACCEPTED
THE SITUATION WITHOUT DEMUR. HE SAID THAT THE IMPORTANT THING WAS
THAT THE TRUE FACTS HAD NOW BEEN REVEALED IN HIS INSTRUCTING
SOLICITOR'S LETTER TO THE DEFENCE.
5. THE CONTENTS OF MIFT WILL NOW BE PASSED TO SCRIVENER FOR HIS
FINAL AGREEMENT UNDER COVER OF A CONFIDENTIAL LETTER. AT THE ATTORNEY GENERAL'S REQUEST THIS WILL PROPOSE THAT IF SCRIVENER
SHOULD IN ANY CIRCUMSTANCES DECIDE TO ACT AS IN PARAGRAPH 2 OF
MIFT, HE WOULD ALSO TELL FRENCH THAT THE ATTORNEY GENERAL HAD
BEEN CONSULTED AS TO WHETHER IT WOULD BE IMPROPER NOT TO DISCLOSE
THE AFFIDAVIT AT AN EARLIER STAGE. THE ATTORNEY GENERAL HAD TAKEN
THE VIEW IN PARAGRAPH 1 ABOVE. THIS SHOULD PROTECT YOU AND US
FROM ANY SUGGESTION BY FRENCH THAT HE SHOULD HAVE BEEN INFORMED
OF THE AFFIDAVIT,
CONFIDENTIAL
16.