QUEEN'S BENCH DIVISION
B e f o r e :
(Vice President of the Court of Appeal, Criminal Division)
MR JUSTICE LEVESON
|THE QUEEN ON THE APPLICATION OF HALLINAN, BLACKBURN-GITTINGS & NOTT (A FIRM)||(CLAIMANT)|
|MIDDLESEX GUILDHALL CROWN COURT||(DEFENDANT)|
|CROWN PROSECUTION SERVICE||(INTERESTED PARTY)|
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MR ANDREW MITCHELL QC (instructed by CPS) appeared on behalf of the INTERESTED PARTY
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"How do you know the coppers won't know you weren't there?"
The burden of the evidence which Mary King appeared to be preparing to give was that she saw the police effectively planting the cocaine on Patel.
" ... all material held in connection with the case R v Safraaz Patel that pertains to Mary King. Specifically any draft or drafts of a statement by Mary King. Statement(s) by Mary King in section 9 format whether signed or unsigned, original or facsimile. In addition any written material relating to the making of any such statement including attendance note(s), any written record of how Mary King became known no Mr Lowry-Mullins and computer held information relating to Mary King (in hard copy/form)."
"I find that there are reasonable grounds for believing that a serious arrestable offence of conspiracy to pervert the course of justice has been committed, that the material requested, if it exists, is likely to be relevant evidence and that it was held by the solicitors with the intention of the arrested parties to further a criminal purpose. As such it cannot be subject to legal privilege."
"A constable may obtain access to excluded material or special procedure material for the purposes of a criminal investigation by making an application under Schedule 1 ... "
"In this Act 'special procedure material' means --
(a) material to which subsection (2) below applies ...
(2) Subject to the following provisions of this section, this subsection applies to material, other than items subject to legal privilege ... "
"Items held with the intention of furthering a criminal purpose are not items subject to legal privilege."
"Communications made to a solicitor by his client before the commission of a crime for the purpose of being guided or helped in the commission of it, are not privileged from disclosure."
" ... whether it seems probable that the accused person may have consulted his legal adviser, not after the commission of the crime for the legitimate purpose of being defended, but before the commission of the crime for the purpose of being guided or helped in committing it."
At page 176 Stephens J referred to the power to order disclosure as being "used with the greatest care not to hamper prisoners in making their defence".
"I have to recognise that, as I have already indicated, my conclusion in the present case undermines part of the reasoning of Glidewell L.J. in R v Snaresbrook Crown Court, ex parte Director of Public Prosecutions  QB 532, 538-539. But it does not necessarily undermine the conclusion of the Divisional Court in that case. This is because I am inclined to agree with Glidewell LJ that the common law principle of legal professional privilege cannot be excluded, by the exception established in R v Cox and Railton 14 QBD 153, in cases where a communication is made by a client to his legal adviser regarding the conduct of his case in criminal or civil proceedings, merely because [my emphasis] such communication is untrue and would, if acted upon, lead to the commission of the crime of perjury in such proceedings."