Tuesday, 15th June 1993
THE SOLICITOR GENERAL: My Lord, I take it we are sitting in chambers? The equipment your
Lordship sees is available in order to play the recording of the telephone call. It might be helpful to
the Court to play it before making submissions. I would ask that it be played.
(A recording of the telephone conversation was played to the Court.)
That is the end of the telephone conversation. I do not know whether my learned friend wants the
rest of the tape which covers an attempt to ring the phone box. One hears the telephone ring, but
no reply; then a little later on a call by Mr B to the defendants home which picks up an answer from
the defendants answer machine.
JUSTICE BLOFELD: Do you want that, Mr. Tansey?
MR. TANSEY: Mr Lord, it is not necessary for our submission. We submit that this evidence, the
telephone call ------
JUSTICE BLOFELD: Before you start, Mr. Tansey, I am just thinking that normally admissibility is
taken after the jury is sworn, but before the opening. Are you content that I deal with it and make a
final ruling now?
MR. TANSEY: My Lord, yes.
JUSTICE BLOFELD: You are quite satisfied that no fresh matter will come to light? May I say this
I will make my ruling but if fresh matters come to light then you are free to take it again at that stage.
You are also free again to take the point after a jury has been sworn but before the opening in any
event should you wish to do so, but if nothing fresh has come to light unless you say you have a fresh
argument to put before me I shall almost certainly cut you short, it will still be fresh in my mind.
MR. TANSEY: Our submission is that this evidence has been unfairly obtained by a big trick and is
in clear breach of the defendants rights as set out in PACE. Your Lordship should exclude it in the
exercise of your discretion under Section 78. Your Lordship is aware of the facts, but may I just put
it into the context.
On 20th July, Mr. Oschenko sought asylum. On 25th July he defected.
JUSTICE BLOFELD: 1990?
MR. TANSEY: 1992
JUSTICE BLOFELD: On 20th July he sought asylum and on 15th?
MR. TANSEY: The 25th July.
JUSTICE BLOFELD: He defected.
MR. TANSEY: By 7th August Viktor Oschenko had been debriefed and had given the police and
MI5 significant detailed information against the defendant which gave the police and MI5 reasonable
grounds to suspect that the defendant had committed an offence contrary to the Official Secrets Act.
By that date, 7th August, the police had obviously carried out a number of inquiries. They knew his