-12-
above, but not in these minutes. In addition, he had again omitted the
relevant inter-bank lending and inter-bank borrowing figures from the 7
foreign branch offices contained at pages 7-10 of the minutes, (Pages 35 40
"LEO 1").
-
a
This summary,
35. As
final example, Ι refer to a document entitled "notes for
discussion", (Pages 41-44 "LEO 1"). This is 4-page document. It is apparent from paragraph 1 of these notes that a summary had been produced by a Mr. Ibrahim Jalil, the Assistant General Manager of BMFL, seconded from BBMB during the first half of 1983 specifically for the purpose of investigating BMFL's loans to Carrian and George Tan and related companies.
which comprised 3 annexures
1 (A),
(B) and (C), dealt with the question of
securities for these loans. On page 3 of these notes, under section (B)
"securities", it is apparent that annexure 1 (A) related to securities. Yet,
these annexures, which comprise an integral part of the document, are missing. In these circumstances, the document is
the document is incomplete and inadequate
disclosure for the purposes of my case was made. As the main plank of the
Crown case has been lack of security for the Carrian loans, the relevance of a
summary of securities is obvious.
36. Given the examples which I have set out above, it cannot be assumed that Mr. Allison's failure to find a particular document and/or a portion thereof
and/or file to be "material" in his inspection must necessarily lead to the
conclusion that such documents and/or files are not relevant to my case. The
more important determination of "relevance", I would again submit, was made by BBMB in its original selection of documents in 1986 in the circumstances I
have already outlined.
THE MISSING DOCUMENTS
37.
It is against this presumption of "relevance" that I shall now turn to those 3,480 documents which are missing and unavailable for my inspection. At the outset, I think it fair for me to say that my task in persuading this Honourable Court that I will be prejudiced by the absence of these documents
is made difficult by the fact that such documents are,
by definition,
missing. The problem is particularly exacerbated because many of the
documents are so vaguely described as to shed no light on their contents. example, document 3791 of "CHA 1", is described simply as "copy letter" of
For
12