Att. Gen. v Bhojwani [2010] JLR 128 (09 November 2009)

Att. Gen. v Bhojwani [2010] JLR 128 (09 November 2009)

It is not an abuse of executive power or breach of law for the Attorney General to rely on evidence provided bona fide by a foreign authority in response to a letter of request, even if it later transpires that the authority had no power under its own law; the presumption of regularity applies and prosecution is not stayed as it is not unfair to try the accused.

Citation
[2010] JLR 128
Parties
Applicant: Attorney General; Respondent: Bhojwani
Jurisdiction
Jersey
Judgment Date
09 November 2009
Procedural Posture
Criminal / Pre Trial Motion
Outcome
application to stay prosecution denied
Legal Topics
Evidence, Abuse of Process, Mutual Legal Assistance
Criminal Law International Cooperation Evidence Abuse of Process Mutual Legal Assistance

Case Brief

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Parties

Attorney General

Applicant

Bhojwani

Respondent

Procedural Posture

Criminal / Pre Trial Motion

Legal Issues

  1. 1 Whether reliance on evidence provided by a foreign authority without proper power constitutes abuse of process
  2. 2 Whether prosecution should be stayed due to alleged unfairness

Ratio Decidendi

It is not an abuse of executive power or breach of law for the Attorney General to rely on evidence provided bona fide by a foreign authority in response to a letter of request, even if it later transpires that the authority had no power under its own law; the presumption of regularity applies and prosecution is not stayed as it is not unfair to try the accused.

Court Disposition

application to stay prosecution denied