AG v Bhojwani [2008] JRC 129 (12 August 2008)

AG v Bhojwani [2008] JRC 129 (12 August 2008)

None of the defence's submissions individually or cumulatively amount to an abuse of process or justify a stay or disclosure. There was no unequivocal representation barring prosecution, no breach of Convention rights, and the prosecution is justiciable as the court will not adjudicate on acts of foreign sovereigns but only on whether conduct would constitute an offence under Jersey law.

Citation
[2008] JRC 129
Parties
Defendant: Defendant (Mr Bhojwani); Prosecution: Attorney General of Jersey; Foreign State: Federal Republic of Nigeria
Jurisdiction
Jersey
Judgment Date
12 August 2008
Procedural Posture
Criminal / Pre Trial Application for Stay/disclosure and Justiciability
Outcome
Application for stay and disclosure refused; prosecution to proceed.
Legal Topics
Abuse of Process, Money Laundering, Justiciability, Legitimate Expectation, Judicial Restraint, Delay, Asset Freezing
Criminal Law International Law Human Rights Law Abuse of Process Money Laundering Justiciability Legitimate Expectation Judicial Restraint +2 more

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Parties

Defendant (Mr Bhojwani)

Defendant

Attorney General of Jersey

Prosecution

Federal Republic of Nigeria

Foreign State

Procedural Posture

Criminal / Pre Trial Application for Stay/disclosure and Justiciability

Legal Issues

  1. 1 Whether prosecution constitutes abuse of process
  2. 2 Whether legitimate expectation bars prosecution
  3. 3 Whether informal asset freeze breaches defendant's rights

Ratio Decidendi

None of the defence's submissions individually or cumulatively amount to an abuse of process or justify a stay or disclosure. There was no unequivocal representation barring prosecution, no breach of Convention rights, and the prosecution is justiciable as the court will not adjudicate on acts of foreign sovereigns but only on whether conduct would constitute an offence under Jersey law.

Court Disposition

Application for stay and disclosure refused; prosecution to proceed.

Orders

  • No stay of proceedings granted.
  • No disclosure ordered.