Mutual Legal Assistance

Case:
Daniel is being investigated by the serious fraud office (SFO) in England into his suspected involvement in a major fraud and money laundering case. The SFO now wishes to
(a) organise a search of office in cape town in South Africa for evidence of money laundering.
(b) obtain an account monitoring order on the bank account in Singapore. 
(c) obtain details of bank accounts belonging to Daniel – believed to be located in France (which is a member of the EU) 
(d) obtain details of of the directors and registered owners of a Cayman Islands company which was used to buy a house in London which is believed to have been purchased using the proceeds of Daniels crime. 
(e) obtain voluntary statement from Joe, a potential key prosecution witness
(f) have Joe give evidence at the trial of Daniel. Joe is not willing to leave Nigeria.
(g) question Daniel. He is refusing to cooperate 
(h) provide any relevant information obtained from Daniels wife for use in divorce proceedings that she is bringing against him.

Question:

(A) Advise the SFO as to how to obtain the information and evidence required for use at the trial of Daniel. Daniel also wishes to obtain a copy of report about the case compiles by the police in South Africa and France. Advice him on how to obtain the report.

(B) What are the main difficulties in obtaining mutual legal assistance and to what extent does the European investigation order assist in overcoming these difficulties?

Focus on:
– Mutual Legal Assistance
– European investigation Order
– Relevant statutory provision in the UK law

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