TNAG-2652-FCO40-3845-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1992 — Page 22

CONFIDENTIAL COVERING SECRET

B 4.

C

Kuala Lumpur telno 138 reports that Ghazali has requested sight of a (secret) reporting telegram which he believes may have come into Osman's hands. This is almost certainly Kuala Lumpur telno 310 of 1983 (copy attached, together with a transcript, since the file copy is barely legible). Ghazali wishes to ensure that, if subpoenaed, he will give evidence consistent with that of other witnesses. Our High Commissioner in Kuala Lumpur, Mr Slater, believes Ghazali may press his request with Sir Geoffrey Howe and Lord Glenarthur when he visits the UK in April. Mr Slater has recommended that the telegram should not be shown to Ghazali but

that he (Mr Slater) should be authorised to brief Ghazali if he is

subpoenaed.

Argument

5. Such a course of action might be severely embarrassing to HMG if, as is quite possible, the High Commissioner's briefing of Ghazali subsequently became known to the courts, or became public knowledge. It could be interpreted as collusion between HMG and a witness. The journalist interested in the case, Kevin Cahill, would for one have a field day. While Ghazali's wish to have his memory jogged is understandable, it is not in our interests to risk being dragged into the controversy surrounding this complicated case.

6. Nine telegrams were disclosed to Osman's solicitors in the course of the fourth habeas corpus application and some have been published in a pamphlet by Mr Cahill. This may have led Ghazali to believe that Osman has the High Commission's account of his conversation with the acting High Commissioner in 1983. None of the nine telegrams makes any reference to Ghazali or the conversation, however, and we have no reason to think that Kuala Lumpur telno 310 has fallen into Osman's hands.

7.

Whether or not Osman has an authoritative account of the conversation in 1983, Ghazali's evidence, if he is subpoenaed, should stand on its own merits. It is quite possible that he cannot

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