in the possession of the United Kingdom Government could
assist. Mr. Thomas, reflecting the argument which had been
rejected on the seventh habeas corpus application, sought
to draw an analogy based on the recent Judith Ward case,
and the approach which was adopted by the Court of Appeal
(Criminal Division) with regard to disclosure in that case.
However, the analogy is a false one since, as I have
already pointed out, in extradition proceedings as long as
there is a prima facie case, it is not the Home Secretary's
task to determine the innocence or guilt of a person who
has been committed.
5.
The failure of the.
the Home Secretary to enquire why
France has refused to extradite a co-accused. Reliance is
placed on the fact that the French Government did not order
the return from France of a co-accused of Mr. Osman
although he had been unsuccessful in the French courts in
his challenge to the extradition proceedings. Mr. Thomas
submits that the Home Secretary was required to enquire of
the French Government as to why they had not ordered the
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