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Inclosure 2.
1
313
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COPY.
1.
I am instructed by the Government to make clear to the Court the position of the Government in this matter. The Government have only one object in view, namely, to see that justice is done in this case, on whichever side justice may lie.
2.
The case first came directly to the notice of the Government in the form of a representation to the effect that the Official Receiver, owing to lack of funds, was unable to continue the proceedings. It was pointed that,
in consequence of the extraordinary length of the pro- -ceedings, the shareholder who was providing the funds for the Official Receiver had, in supporting the winding up proceedings and the present action, already spent a considerable fortune and the whole of his resources at present available. It was also pointed out that the action was probably about to be dismissed, part heard, and that the shareholder in question would perhaps be ordered to pay the defendanta' heavy costs, solely because he could find no more money for the prosecution of the action: whereas from the facts disclosed in the course of the proceedings it appeared to be manifestly in the interests of public justice that the case should
be carried to a conclusion one way or the other.
3.
When the facts disclosed in the winding up proceed- -ings, and the charges which have been made in the pre- -sent case, were thus brought to the knowledge of the Government, they were of opinion that the charges made, whether true or false, were such as to demand investiga- -tion by the Criminal Courts at the earliest opportunity. They accordingly decided to institute oriminal proceed- -ings against two of the defendants in this action and such proceedings have been commenced.
4.