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Bassington & ors v HM Procureur

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The companies are said to have close political connections with the other applicants or some of them. Proceedings on behalf of the companies and the applicants other than those two gentlemen sought orders staying and restraining the Procureur from taking any further steps pursuant to the Notice and from disclosing any part of such documents and information as he should receive or have received to any third party and in particular to the General Prosecutor's Office of the Ukraine or any agent or agency thereof. We were informed that by the time the proceedings were launched certain documents had been delivered up by CST.

The Deputy Bailiff held that he had no power to intervene and that he was not able to go behind the decision of the Procureur, in which context he referred to "the Century Case, (referred to in detail below) and expressed himself as unwilling to express any view other than he had in that case. He refused leave to appeal in view of the fact that this court had held that it had no jurisdiction to hear such appeals under the terms of The Court of Appeal (Guernsey) Law 1961 ("the Appeal Law of 1961"). Mr Lazarenko and Mr Kiritchenko sought similar relief, which application met with the same result, the judgment of the Deputy Bailiff being common to both sets of applications.

Secondly, we mention but more briefly the earlier Notice issued on the 24th March 1998 again under the investigation Law of 1991 and again on credit Suisse Trust Limited to produce documents relating to the affairs of (inter alia) Mr Uoti at the request of the Finnish Prosecuting Authorities. This was satisfied and was followed by a further request expressed to have been by way of an undated letter to which exception is taken by Mr Uoti.


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