CONFIDENTIAL
4. SCRIVENER MAY HAVE HAD HIS DIFFICULTIES BUT AS WE SEE MATTERS•^ THEY ARE AS NOTHING COMPARED WITH THE SITUATION WHICH HIS SOMEWHAT
UNUSUAL CONDUCT HAS PUT US IN. HE OR HIS INSTRUCTING SOLICITOR
SHOULD BY NOW HAVE THE TRUE FACTS IN THEIR POSSESSION AND I
MUST ASK THAT YOU NOW SEE HIM WITH A VIEW TO OBTAINING HIS
AGREEMENT TO OUR DISCLOSING THE OTHER ALLEGATIONS TO FRENCH.
I BELIEVE THAT FRENCH WOULD HAVE THE VERY BEST GROUND FOR BEING
STRONGLY CRITICAL OF US AS HIS LAY-CLIENT FOR FAILING TO TELL HIM
THAT THERE IS IN EXISTENCE AN AFFIDAVIT ALLEGING THAT A SERVING
POLICE OFFICER WHO IS A CROWN WITNESS HAS SAID THAT THE CONDUCT
AND ATTITUDE OF PRENDERGAST AS THE OFFICER IN CHARGE OF THE
INVESTIGATION HAS BEEN GROSSLY IMPROPER.
5. THE FACT THE PENLINGTON HAS NOT SO FAR FOUND THINGS DIFFICULT
IN HIS DEALINGS WITH FRENCH IS REALLY NEITHER HERE NOR THERE.
6. SO MUCH FOR OUR POSITION IN RESPECT OF FRENCH. THERE IS AS YOU
WILL APPRECIATE ANOTHER EQUALLY VITAL ASPECT. IT IS OUR PLAIN DUTY
TO INVESTIGATE THE ALLEGATIONS THAT HAVE BEEN MADE. THEY GO TO
THE ROOT OF THE CROWN CASE AGAINST GODBER. I AM QUITE SURE THAT
THAT IS WHAT FRENCH WOULD ADVISE IF HE WERE IN POSSESSION OF THE
FULL FACTS. IF WE IGNORE THESE SEROUS ALLEGATIONS AND TAKE NO ACTION, WE SHOULD BE IN AN IMPOSSIBLE POSITION. HOW COULD WE ANSWER THE FURTHER ALLEGATION THAT, BEING APPRISED OF THEM, WE HAVE CHOSEN
TO DO NOTHING? IRVINE MUST BE INTERVIEWED AND THIS CAN
BEST BE DONE WE SUGGEST BY SOMEONE FROM SCOTLAND YARD. THIS IS THE
ONLY PROPER COURSE AND YOU WILL HAVE TO LET SCRIVENER KNOW THAT THIS IS WHAT WE MUST DO, IT WOULD OF COURSE BE SO MUCH EASIER IF HE WOULD APPROACH FRENCH IN THE FIRST INSTANCE, AS HE OUGHT TO IN OUR OPINION. WE DO NOT SEE HOW HE RECONCILES HIS PRESENT ACTION
WITH HIS DUTY TO THE COURT.
7. ! FEAR THAT I MUST MAKE THE FURTHER POINT THAT WE COULD NOT POSSIBLY CONSIDER OURSELVES BOUND BY ANY UNDERSTANDING YOU MAY HAVE WITH SCRIVENER. YOU TOLD HIM THAT YOU WOULD HAVE TO CONSULT ME AND THAT I WOULD HAVE TO DISCUSS WITH CS AND AG. HE MUST KNOW PERFECTLY WELL THAT WE COULD NOT LET MATTERS REST EITHER WITH RESPECT TO FRENCH OR THE QUESTION OF FURTHER INVESTIGATION.
8. I AM NATURALLY CONCERNED ABOUT THE POSSIBILITY OF FURTHER
DELAY AND URGE YOU TO INFORM SCRIVENER OF OUR ATTITUDE AS SOON
AS POSSIBLE.
2
CONFIDENTIAL
19.