TNAG-0491-FCO40-556-Allegations-of-bribery-and-corruption-in-Hong-Kong-police-an-1974 — Page 36

Mr Prendergast's message to Hong Kong dated 7 October

Initial objection to admissibility of Godber's financial position was overruled. All affidavits except Irvine's admitted with only minor portions ruled inadmissible. Court will give remand until Defence affidavits received. It is hoped these will be available before the end of the week. Crown's case will conclude tomorrow morning. Hearing proceeding speedily except for delay in producing Defence affidavits.

2.

Question of Slevin's affidavit not raised by Counsel in court on Friday (I was in court) nor was it raised today. This report thought to have come through Barrymaine from Funnell.

Mr Prendergast's message to Hong Kong dated 8 October

1.

Crown's case closed apart from minor evidence as to documents found in Godber's cottage at Rye. All evidence, including documents found in Godber's flat in Hong Kong, held admissible. These show assets of over £400,000. Affidavit submitted from Russell White denying all allegations of mal- practice. Defence granted remand to date yet to be fixed to obtain further affidavits. Earliest possible date 31 October. Defence have alleged request for

confidential file held

up in Legal Department. This file is in London with us. be made available to Defence?

2.

Can it

Penlington proposes to remain London if approved by Attorney-General and will take all available local leave. propose return Hong Kong Thursday 10th if I can obtain booking. Hope to confirm with Harknett when he phones me tomorrow morning.

Message received from Hong Kong dated 10 October

1.

confidential

We do not understand the allegation that file is help up in Legal Department or the basis of Prendergast's enquiry whether the file can be made available to the Defence. The position is that Gunston's request for copies of confidential file was answered by Colonial Secretariat by letter dated 12 September as follows:-

"I refer to your request for copies of the Confidential reports on

I am advised that staff reports belong to a class of documents for which Crown privilege may properly be claimed. However, consideration will be given to waiving Crown privilege if privileged documents contain material relevant to the facts at issue

/in a