R v Secretary of State for the Home Department Ex Parte Daly
LordSteyn concluded his judgment as follows: “In Law context is everything.” This casedeals with whether or not, within the context of extradition proceedings and therecord of the case evidence presentation process the applicants, Kim Dotcom and hisassociates, are entitled to disclosure of information held by the prosecutingauthorities be it of a general or a restricted nature.
Mr Dotcom through Mr Davison and his associates through Mr Foley arguethat the context demands it. Mr Ruffin for the United States argues that the contextin this particular case, in the absence of any identified justiciable issue, means thatdisclosure is not available.
My conclusion is that disclosure is available to a limited extent. Thatdisclosure is completely compatible with the context of extradition proceeding andthe utilisation of the record of the case procedure and in particular within the contextand factual circumstances of this case. My reasons follow and my decision isstructured in this way.
I commence by identifying the issue and give some of the background to thiscase. I then identify what it is that is sought by the applicants and summarise thearguments advanced by Mr Davison and Mr Foley, followed by a summary of thearguments advanced by Mr Ruffin. I then move to a discussion of the matters arguedin the context of the law and the issues to be decided. I start with a consideration of the extradition process, discuss the record of the case (ROC) process and considerthe powers of the Court, especially within the context of committal proceedings andwhether an oral evidence application needs to be made in extradition proceedings. Ithen consider the nature of the decision to be made in extradition cases and whetheror not the provisions of the New Zealand Bill of Rights Act 1990 (NZBORA) areengaged. I then moved to the principal issue – that of whether disclosure is availableas against the contextual background discussed, consider the scope of disclosure andthen identify the disclosure that should be made.
 UKHL 26;  AC 532