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16 Septerter 1992
SAME SENY
CLA ADFERENCA
*Roger Best
==PY TO
LRSU
Jean-Paul Bertolas
FAX NUMBITE
Michael Elland-Goldsmith/Catherine Gouesse
Dear Roger,
Ra Saniman
78
I was able to organise yesterday a conference call between Mrs. Masse- Dessen, Professor Cohen. Catherine Godesse of this Office and myself in order to review the position, further to the recent meeting betwcen Mrs. Masse. Professor Cohen and the civil servants of the Ministry of Justice in charge of the Santaan case.
Most of the discussions at this meeting at the Ministry of Justice took place on a "lawyer-to-lawyer" basis and cannot be reported in detail, I can, however, report tha following :
1997 was not discussed and would not seem (at this stage) to be an 13gue;
the Ministry of Justice do take the opinion, stated in the note of the Ministry of Foreign Affairs to the British Embassy, that either the facts reproached to Mr. Sanisan do not constitute punishable offences under French Law (1.a. they do not constitute the offence of fraud escroquerie of article 405 of the Criminal Code), or they are not new facts or offences different to those referred to in the 1987 extradition request, and can Rot support the 1990 request.
·
Secondly, the Ministry of Justice makes it a question of principle of having the right to make findings different to those of the Chambre d'Accusation, including” in respect of points of law, provided that this is in favour of the accused.
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