RESTRICTED
153153
MDHIAN 91
(TO
4. OUR PROBLEMS OVER SETTING UP SURVEILLANCE OF SANIMAN ARE ONLY THE MOST RECENT IN A SERIES OF DIFFICULTIES WE HAVE ENCOUNTERED WITH THE JUSTICE MINISTRY OVER THE SANIMAN CASE. ONE REASON FOR THEIR UNHELPFULNESS IS THAT WE HAVE CONSISTENTLY CHALLENGED THE ADVICE MEHAIGNERIE AND EARLIER TO HIS PREDECESSOR) OF THE VERY OFFICIALS WITH WHOM WE ARE NOW HAVING TO DEAL. IT IS THEY WHO HAVE MOST TO LOSE FROM A DECISION BY THE CONSEIL D'ETAT THAT THEIR REASONING IS LEGALLY UNSOUND.
WHEN
5. THERE IS A FURTHER FACTOR. IF THE CONSEIL D'ETAT DECIDES IN OUR FAVOUR COR EVEN IF THEY DECIDE AGAINST US ON THE SUBSTANCE BUT AGREE THAT THE CASE IS ADMISSIBLE) AN IMPORTANT PRECEDENT WILL BE SET.
ANY FOREIGN GOVERNMENT WILL BE ABLE TO APPEAL TO THE CONSEIL D'ETAT AGAINST A FRENCH GOVERNMENT DECISION NOT TO ALLOW EXTRADITION. AGAIN, THOSE MOST DIRECTLY CONCERNED WILL BE THE OFFICIALS WITH WHOM WE HAVE BEEN DEALING IN THE SANIMAN CASE. WE WERE SEEKING MEHAIGNERIE'S AGREEMENT TO OVERTURN HIS PREDECESSOR'S DECISION (THUS AVOIDING GOING ALL THE WAY DOWN THE CONSEIL D'ETAT ROUTE) ONE OF OUR ARGUMENTS WAS THAT THE CONSEIL D'ETAT MIGHT SET SUCH A PRECEDENT. BUT MEHAIGNERIE DECIDED NOT TO
INTERVENE.
IF THE CONSEIL D'ETAT DECIDES IN OUR FAVOUR, WE WILL OF COURSE O DO EVERYTHING POSSIBLE TO ENSURE SANIMAN'S EARLY EXTRADITION.
6.
PLEASE ADVANCE TO HOMS FOR SIR C MALLABY AND TO WOOLER ATTORNEY GENERAL'S OFFICE.
7.
YOUNG
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MAIN
40
HKD
WED
NTCD
LEGAL ADVISERS
ADDITIONAL
2
AGC//MR HILL, LSLO
WOOLER,
CATTORNEY GENERAL'S OFFICE)
NNNN
DISTRIBUTION
42
HOMS//SIR C MALLABY NEWS D
CONSULAR D
INFO D