Letter: Prosecution role in serious fraud trials

Sir: Some of the remarks in the interview with the director of the Serious Fraud Office ('Fraud 'gunslinger' shoots back', 17 February) sit uneasily with the recollection of those, such as myself, who were engaged in the trial of Thomas Ward.

Firstly, the number of charges was reduced by order of the judge after defence submissions in preparatory hearings and at the close of the prosecution case. The prosecution repeatedly pressed the court to retain charges that were repetitious and could not be supported by the evidence.

Secondly, the prosecution case originally included wide-ranging issues of great complexity which did not bear on the act of dishonesty alleged.

No less than six days of legal argument was deployed on two separate occasions before the judge ruled against the prosecution.

Thirdly, the prosecution did not present vital evidence available to it that demonstrated a defence point until the judge ruled that it should do so in the interests of justice, in order to be fair to the

defence. The prosecution's explanation was that it was no part of its duty to make out the defence case.

Much has been made of the judge's comments that prosecution and defence should disclose their case by way of pleadings, as in civil process, and provide the opposing party with the documents that will be relied upon. That process is not enough in itself. Unsustainable prosecutions will continue unless the prosecuting authority, or ultimately the judge, performs an exercise of evaluation of the pleaded cases.

Mr Ward's case was set out in full in the civil action brought by Guinness in 1987. The prosecution had been aware of Mr Ward's defence for two years before charges were brought against him. Mr Ward's representatives offered to meet SFO officers to explain the defence, but that offer was not

accepted.

These points suggest that the current role and practice of prosecutors must be taken into account in any review of the conduct of serious fraud trials.

Yours faithfully,

D. H. RANDS

Memery Crystal (Solicitors)

London, WC1

18 February