16.
In the course of his application for bail in June 1990 Saniman apparently said that he feared for his life if returned
to Hong Kong and he referred to the murder of a BBMB official
sent to Hong Kong to investigate the fraud. At the full hearing in October 1990, Saniman's lawyers argued that the extradition requests were of a political character making serious allegations against HKG and suggesting a conspiracy with the Malaysian Government. They also argued that Saniman should not be extradited because of the situation in Hong Kong
post 1997.
17.
Furthermore, in the course of Osman's extradition
proceedings in the UK, the Court was told that certain
documents (known as the "Jalil documents") had been furnished to Saniman's solicitors in Paris shortly prior to the French Government's decision. HKG's position is that those documents are not genuine and, even if they were, do little more than inculpate others in the fraud and do not exculpate Saniman,
Osman or Shamsudin. Osman's counsel told the Court in related
proceedings in Malaysia that the basis for Saniman's discharge
by the French Government was in fact these documents.
18. These kinds of argument were made at great length in the Osman proceedings. In particular, Osman suggested that the HKG
prosecution was intended to cover up the involvement of senior
Malaysian politicians in the fraud. He also sought to discredit the prosecution by pointing out that one Warwick Reid, who was at one time part of the prosecution team, was later imprisoned for corruption.
ARGUMENTS TO PUT TO MINISTRY OF JUSTICE
19. See the Points To Make. The meetings which have taken
place with the Ministry of Justice so far have not, as far as
we aware, dealt with reasons for refusal of extradition other
than those put forward officially. It is for consideration how wise it would be to broach possible ulterior reasons at the
meeting.