Belfast Project: Court of Appeal Rejects Rae’s Argument

The Court of Appeal in Belfast has dismissed Winston “Winkie” Rae’s application to quash the decision of the Director of Public Prosecutions to seek to obtain Rae’s Belfast Project interview tapes by way of an MLAT request to the United States. While it does not seem the judgment has yet been published, the court has published a summary that explains the main points.

The main point on appeal seems to have been Rae’s right to privacy under Article 8 of the European Convention on Human Rights. But Lord Justice Coghlin said:

Our conclusion is that even on the assumption that the issue of the [letter of request] may have infringed [Mr. Rae’s] right to privacy we are entirely satisfied that any such interference was in accordance with law and necessary in the interests of the prevention of crime in accordance with Article 8(2) ECHR and, accordingly, the application will be dismissed.

The BBC is reporting that the case has been stayed pending a possible appeal to the UK Supreme Court.

About Ted Folkman

Ted Folkman is a shareholder with Murphy & King, a Boston law firm, where he has a complex business litigation practice. He is the author of International Judicial Assistance (MCLE 2012), a nuts-and-bolts guide to international judicial assistance issues, and of the chapter on service of process in the ABA's forthcoming treatise on International Aspects of US Litigation, and he is the publisher of Letters Blogatory, the Web's first blog devoted to international judicial assistance, which the ABA recognized as one of the best 100 legal blogs in 2012, 2014, and 2015.

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