-8-
23.
The inspection began 15th October 1990 and was conducted on my behalf by As Mr Krishnan states Mr Krishnan and Ms Shirley Huang of M/s Johnson Walsh. in Paragraphs 6-10 of his Affidavit, BBMB had identified at the outset of the 1" those documents which it inspection by reference to Serial Numbers in "CHA
As the inspection progressed, Mr was making available for the inspection.
1" but which Krishnan and Ms Huang found addition documents listed at "CHA
The documents which have been BBMB had not accounted for, on the first day. made available for inspection are annotated at Pages 44-260 of "AK 1".
24.
that the remaining documents had been My lawyers were informed by BBMR taken by various departments over the years following the 1986 inspection and
BBMB to
1990 (Pages on 19th October Mr Krishnan wrote were untraceable. 23-24,"AK 2") confirming that 65% of the 5,439 documents and/or files in "CHA BBMB does not deny this in its reply of 1" were unavailable for inspection.
to locate the 19th October. It merely states was trying "its utmost" missing documents and that "the document would be made available to you soon as it can be located".
it
as
been
in this statement. My lawyers have 25. I have little confidence in corresponding with BBMB in respect of an inspection of its documents since the early part of 1989. On 10th September 1990, Mr Cohen was assured that the
"CHA
1" documents would be available for his inspection if he obtained a Court Order. On 25th September BBMB was served with the order it had invited us to obtain. In the circumstances, it was fully expected that BBMB would
on When the Court
9th October the "CHA 1" documents. have produced all
to set aside its earlier order, it granted ar dismissed BBMB's application to
to consider an appeal until 15th October. extension of time to BBMB
trace what it acknowledged was a very substantial then, BBMB's efforts to number of missing documents have not produced any further documents. regard I again refer to Mr Krishnan's letter of 19th October (Page 24 "AK 2" th in which he requests BBMB's "full co-operation" in ensuring that all
or before Tuesday 23r missing documents
were produced for inspection on
Since
In thi
October 1990.
THE RELEVANCE OF THE MISSING DOCUMENTS.
26.
So much time has passed that I cannot be expected to recall decisio
35