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Date:
Time:
Reporter:
4.12.90
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2.15 4.30 p.m. MEP/37
Mr Nicholls
have numerous lengthy trials on the same matter. I don't want to
2 hazard a guess at the length of the proceedings that we are
contemplating here, but it is obviously substantial.
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The sixth reason which cannot be ignored is that unjusti cost to the public of separate trials should be avoided. Once agai I don't want to hazard the cost. It is not difficult to imagine.
The seventh reason, and an important one in our submissi‹ is that a BMFL trial of Mr Tan on his own would severely prejudice publicity, the subsequent trial of Mr Osman and others, and of
course it involves the same -- the two trials would involve the
same allegation which means the more prejudice and another matter in that context is that in a BMFL trial, Mr Tan might attempt to..
15 blame Mr Osman in his absence. It is difficult to conceive a
greater prejudice than that. I am very much assisted by Mr Grant who has been directly concerned in the proceedings in France, that the solicitors for the Government of Hong Kong in Paris, Simeon Associes, have informed us that Saniman's appeal will be heard on or before 12th February of next year, and we will be given th precise date about the middle of this month. That, Mr Grant tell me, is hot off the press, and the eighth reason in relation to public interest and I may under this heading 'Joint Trial' mentic it is material to bear in minc I may have mentioned already now that Mr Saniman has been ordered to be returned.
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Now the second matter of public interest that we rely
is that a trial I will come to the authorities on it progress should not be interrupted. It is a fact that the Westl Barclays trial is in progress. The preliminary argument which y have heard about in relation to a stay was taken before the tria judge. That judge has ordered that it shall proceed.
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It must:
our submission, be contrary to the public interest to interrupt a criminal trial that is in progress, and in our submission the can be no serious suggestion that both criminal proceedings aga
You cannot have the evidence this accused can run in tandem.
VERBATIM REPORTERS
6573646
HONG KONG
25
8731167
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