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Bassington & ors v HM Procureur

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The first of such Cases submitted by Mr Barnes, was lodged on behalf of Mr Lazarenko and Mr Kiritchenko and Mr Uoti and the second case has been lodged on behalf of Mr Uoti alone, all these three Applicants being represented by Mr Barnes. No written argument has been lodged on the part of the other Applicants, but it is clear that the conclusion reached on these further arguments would affect them as well.

It is convenient first to refer to the Supplemental Case lodged on behalf of Mr Uoti, which summarises the three arguments advanced on behalf of all three Applicants (this summary being but another way of putting the arguments raised in the earlier case). It has been adopted by Mr Harris on behalf of the Applicants, and he has made submissions in support of them.

By the first paragraph of the Supplemental Case the following submissions are made:

First, that "the Criminal Justice (Fraud investigation) (Bailiwick of Guernsey) Law 1991 [the Investigation Law of 1991] is void because by convention the States do not have the competence to legislate in the area of international mutual legal assistance in criminal matters. This lack of competence arises as a corollary of the status of the Channel Islands in international law (the ultra vires argument)";


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