HC Deb 22 July 1999 vol 335 cc609-11W
Mr. Prosser

To ask the Attorney-General if he will make a statement concerning the judge's ruling in the case of R-v-Doran and others to stay proceedings as an abuse of process; and what action he will take as a result. [93018]

The Attorney-General

The Paymaster General and I have today agreed that an independent inquiry should be commissioned into the actions of HM Customs and Excise officials and counsel who appeared on behalf of the Prosecution at the abuse of process hearing and at the preceding first and second trials of that case. The inquiry will report to me and the Chairman of Customs and Excise and will have the following terms of reference.

Having regard to the matters set out by The hon. Mr. Justice Turner in his ruling of 6 July 1999 to stay proceedings in the case of R v. Doran and Others as an abuse of process, to examine the actions of HM Customs and Excise officials and Counsel who appeared on behalf of the Prosecution at that hearing and at the first and second trials of that case, in particular in relation to:

  1. (1) technical surveillance conducted at hotels S, L and R, and in particular whether permission was granted by those hotels for that surveillance, and whether the surveillance was properly authorised;
  2. (2) the non-disclosure of material relating to those issues, and the related public interest immunity applications made in the course of proceedings;
  3. (3) the evidence given at the trials in relation to those issues;
  4. (4) what was said by Counsel in open court in relation to those issues;
  5. (5) the approach, and the circumstances leading to that approach, taken by Counsel to the abuse hearing before Mr. Justice Turner, and in particular their advice on the hotel issues and on whether additional witness statements should be taken in relation to the surveillance;
  6. (6) the circumstances which led to the decision to abort the first trial.
and to make recommendations".

His Honour Gerald Butler QC has been asked to conduct that inquiry and he will report within six months.

A summary of the report and its recommendations will be made available to the House.