SAUNDERS v. UNITED KINGDOM JUDGMENT
11
condemn or criticise a fair opportunity to answer what is alleged against them ...
Usually, the interviewee will be represented by lawyers and he may be informed in
advance of the points to be raised."
43. The court also rejected an allegation that there had been an abuse of
process in that the DTI inspectors were used wrongly as "evidence
gatherers" for the prosecution or that there had been improper or unfair
"collusion", as follows:
"We have carefully considered the effect of the events of November 1986 to
October 1987 in the light of all the documents. We conclude that to allow the
inspectors to continue their inquiry and to bring in the police only in May 1987 was a
proper course subject to two essentials.
(1) That the inspectors were left to conduct their inquiries and interviews
independently without instruction, briefing or prompting by the prosecuting authority.
We are quite satisfied that the inspectors themselves made that clear and abided by it.
Counsel also laid down those ground rules correctly and they were observed ...
(2) That the interviews were conducted fairly and unobjectionably. It was not
suggested to the trial judge or before us that the inspectors could be criticised on this
score. These were carefully structured sessions of proper length in suitable conditions.
The appellants, experienced businessmen of high intelligence, were each represented
either by counsel (usually Queen’s Counsel) or a senior solicitor. The questions were
put scrupulously fairly and the Code laid down in the Pergamon case ... was
observed."
44. Finally, the court also rejected the allegation that non-disclosure
prior to the trial of the material alleged to indicate abuse caused any
unfairness to the applicant. It subsequently refused to certify that the case
involved a point of public importance and denied leave to appeal to the
House of Lords. Following this decision no further avenue of appeal was
open to the applicant.
II. RELEVANT DOMESTIC LAW AND PRACTICE
A. Appointment of inspectors
45. By section 432 of the Companies Act 1985 (the "1985 Act") the
Secretary of State may appoint one or more competent inspectors to
investigate the affairs of a company and to report on them in such manner as
he may direct. The Secretary of State may make such appointment if it
appears that there are circumstances suggesting:
"(a) that the company’s affairs are being or have been conducted with intent to
defraud its creditors or the creditors of any other person, or otherwise for a fraudulent
or unlawful purpose, or in a manner which is unfairly prejudicial to some part of its
members, or
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