Annex 8
Letter from the Directorate of Legal Services,
Metropolitan Police, to Kingsley Napley Solicitors
Following the seizure of property from your
client's Parliamentary and Constituency offices and his personal
premises, both the MPS and the CPS have respected your client's
assertion that much of the material should not be examined by
reason of his claim that it attracts parliamentary privilege.
As you know, Assistant Counsel to the House of Commons and the
Clerk of the Journals examined the material in the presence of
a member of your firm on 22 January 2009 and subsequently the
Clerk to the House wrote to us identifying a small number of documents
to which he found parliamentary privilege applied. Those documents
were immediately returned to you.
Although your client has indicated his dissatisfaction
with the decision of the Clerk of the House, no action has been
taken by you or your client to make any application, take any
proceedings or otherwise to resolve any outstanding disputes about
parliamentary privilege. Accordingly, there has been no determination
that parliamentary privilege does apply to the outstanding documents.
As you are aware, the DPP is keen to progress
this matter as quickly as possible and has taken steps himself
to try and progress the matter. Advice has now been taken from
Leading Counsel and, following discussion with the CPS and the
specific endorsement of the DPP, I am writing to put you on notice
that 24 hours after this letter is delivered to you, the material
examined by Assistant Counsel to the House of Commons and to which
the Clerk considered no privilege applies, will be unsealed and
the CPS and MPS will recommence their investigation and consideration
of the material.
Naz Saleh
Assistant Director
25 March 2009
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