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Cited – Zadari v Secretary of State Admn 2001 In exercising his discretion on whether to transmit requested information to a foreign government, the respondent had to weigh all competing interests to safeguard against an abuse of the international mutual assistance process by foreign. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence. The Right Honourable Lord Justice Tuckey EWHC Admin 787 Bailii Criminal Justice (International Co-operation) Act 1990 England and Wales Citing: Cited – Regina (Daly) v Secretary of State for the Home Department HL 2 A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. It was important not to allow international requests of this nature not to be abused, but there was no requirement on the Secretary of State to seek any undertaking as to the use of material obtained, and any question of abuse was for the courts of the country concerned. The court rejected the assertion of unfairness.
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The request complied with the statutory requirements, and had to be accepted.
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The claimants asserted that since the fact of the request had been made public, the contents should be also in order to remedy a procedural unfairness. The statute provided that assistance should be confidential. They sought assistance from the UK, and the claimants sought details of that request. Attempts were being made by the Federal Government of Nigeria to recover moneys alleged to have been taken fraudulently from the state.