Howard acted illegally over seizure orders

MICHAEL HOWARD, the Home Secretary, acted illegally in giving the Metropolitan Police full responsibility for implementing document seizure orders on behalf of Australian authorities investigating an alleged multi-million pound tax evasion fraud, a court ruled yesterday, writes Terry Kirby.

The High Court said Mr Howard, who is a QC, failed to follow correct procedures under the 1990 Criminal Justice (International Co-operation) Act by simply passing on responsibility to the police for obtaining documents from solicitors, Theodore Goddard, and chartered accountants, Stein Richards. Both firms had clients involved in the fraud allegations.

Lord Justice Butler-Sloss and Mr Justice Laws said the police then further mishandled the case when they secretly and unlawfully obtained warrants to search offices of both companies. The judges also said Judge Anne Goddard QC erred when she approved the 'Draconian' warrants.

Following the ruling yesterday, lawyers said any orders issued in a similar fashion under the Act could now be unlawful. The Home Office estimates that about 4,000 requests for assistance under the Act are made by foreign governments each year, but no figures were available for those acted on by the Home Secretary.

Theodore Goddard, which brought yesterday's judicial review, argued that Mr Howard should have been more specific in instructing the police on what method to use in obtaining the documents and that the police were wrong to argue before the judge that a search warrant rather than a less stringent production order was needed.

Mr Justice Laws said the warrants were unlawful because the firms were not represented and no evidence was given that there was any risk that either would have destroyed the documents.

Costs were awarded against the Home Office, the Metropolitan Police and the Australian Federal Police. Philip Barden of Theodore Goddard said the action of the police and the Home Secretary was an infringement of civil liberties. The Home Office said it could not comment as it was considering an appeal.

Start your day with The Independent, sign up for daily news emails
PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
ebooks
ebooksA year of political gossip, levity and intrigue from the sharpest pen in Westminster
Arts and Entertainment
Preening: Johnny Depp in 'Mortdecai'
filmMortdecai becomes actor's fifth consecutive box office bomb
News
peopleWarning - contains a lot of swearing
Travel
travel
Arts and Entertainment
arts + ents
News
people
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Austen Lloyd: Commercial Property Solicitor - West London

Excellent Salary: Austen Lloyd: WEST LONDON - An excellent new opportunity wit...

Recruitment Genius: Florist Shop Manager

£8 - £10 per hour: Recruitment Genius: A Florist Shop Manager is required to m...

Recruitment Genius: Appointment Maker / Telesales

£15000 - £26000 per annum: Recruitment Genius: One of the UK's leading supplie...

Recruitment Genius: Trainee Field Sales Executive - Dereham

£25000 - £30000 per annum: Recruitment Genius: This organisation is proud to b...

Day In a Page

Syria crisis: Celebrities call on David Cameron to take more refugees as one young mother tells of torture by Assad regime

Celebrities call on David Cameron to take more Syrian refugees

One young mother tells of torture by Assad regime
The enemy within: People who hear voices in their heads are being encouraged to talk back – with promising results

The enemy within

People who hear voices in their heads are being encouraged to talk back
'In Auschwitz you got used to anything'

'In Auschwitz you got used to anything'

Survivors of the Nazi concentration camp remember its horror, 70 years on
Autumn/winter menswear 2015: The uniforms that make up modern life come to the fore

Autumn/winter menswear 2015

The uniforms that make up modern life come to the fore
'I'm gay, and plan to fight military homophobia'

'I'm gay, and plan to fight military homophobia'

Army general planning to come out
Iraq invasion 2003: The bloody warnings six wise men gave to Tony Blair as he prepared to launch poorly planned campaign

What the six wise men told Tony Blair

Months before the invasion of Iraq in 2003, experts sought to warn the PM about his plans. Here, four of them recall that day
25 years of The Independent on Sunday: The stories, the writers and the changes over the last quarter of a century

25 years of The Independent on Sunday

The stories, the writers and the changes over the last quarter of a century
Homeless Veterans appeal: 'Really caring is a dangerous emotion in this kind of work'

Homeless Veterans appeal

As head of The Soldiers' Charity, Martin Rutledge has to temper compassion with realism. He tells Chris Green how his Army career prepared him
Wu-Tang Clan and The Sexual Objects offer fans a chance to own the only copies of their latest albums

Smash hit go under the hammer

It's nice to pick up a new record once in a while, but the purchasers of two latest releases can go a step further - by buying the only copy
Geeks who rocked the world: Documentary looks back at origins of the computer-games industry

The geeks who rocked the world

A new documentary looks back at origins of the computer-games industry
Belle & Sebastian interview: Stuart Murdoch reveals how the band is taking a new direction

Belle & Sebastian is taking a new direction

Twenty years ago, Belle & Sebastian was a fey indie band from Glasgow. It still is – except today, as prime mover Stuart Murdoch admits, it has a global cult following, from Hollywood to South Korea
America: Land of the free, home of the political dynasty

America: Land of the free, home of the political dynasty

These days in the US things are pretty much stuck where they are, both in politics and society at large, says Rupert Cornwell
A graphic history of US civil rights – in comic book form

A graphic history of US civil rights – in comic book form

A veteran of the Fifties campaigns is inspiring a new generation of activists
Winston Churchill: the enigma of a British hero

Winston Churchill: the enigma of a British hero

A C Benson called him 'a horrid little fellow', George Orwell would have shot him, but what a giant he seems now, says DJ Taylor
Growing mussels: Precious freshwater shellfish are thriving in a unique green project

Growing mussels

Precious freshwater shellfish are thriving in a unique green project