9:32 MIKE KINGSTON
BORSE & COHEN 852-5295035
4-
91 THU
TUL 04 '91 08:38
7. 3. 91
12:47 PM
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subpoenas prior to the depositions and to appear at and participate
in the depositions, and the resulting transcripts, having been obtained improperly, were improperly transferred to Hong Kong,
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2. The Appropriate Romedy
Given that the discovery was improperly conducted by the
court-appointed commissioners stain, Harris and Grant, it is now
necessary to consider the nature of the remedy to be provided to
Osman. As mentioned above, Osman seeks an order directing the V.5,
Attorney, the attorney General of Hong Kong, and the Commissioners
appointed by this Court to take appropriate steps to secure the
return of the improperly obtained evidence. Osman also suggests
that the Government be prevented from transmitting to Hong Kong the
two deposition transcripts still in its possession.
On the present motion, Osman has made no claim that he
could have had the deposition subpoenas quashed, nor has he alleged
any facts which could reasonably support such a claim. Therefore,
it is unnecessary to grant his relief merely to allow him to move
to quash.
However, the denial of the right to cross-examine is a
substantial denial of the appropriate process. Although the
Government contends that any such damage is illusory, as the
testimony at the depositions related exclusively to "the
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