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I can't find the facts either from the CoA Crim Div or SDT judgments.

Some of the issues including privilege and covert surveillance have already arisen in the North West; see Neutral Citation Number: [2016] EWCA Crim 8 Case No: 201305988 B5
BASHARAT ALI DITTA and THE QUEEN - a not dissimilar case.

In this case as I understand it, Marray somehow found out that the police were seriously interested in X for whom he had acted, or was acting, under retainers to defend him on criminal charges. I assume that a retainer does not include the duty to advise so as to impede justice, rather than to advise on evidence and lawful defences. Otherwise, "get your wife to take the points", "get your lads to sort out the witnesses" would be OK. He advised X to abscond - rather beyond a mere tip off, though that would seemingly be enough on the basis that a nod is as good as . . . .

He was then covertly recorded boasting of what he had done. Privilege does not arise unless his client, now inside, chooses to raise it if he can. Covert evidence is admissible.

I see nothing wrong with this.

Even if he had not been prosecuted, he had it coming to him.

Indeed if a solicitor is used to gain or volunteers intelligence to assist clients involved in a criminal conspiracy to escape the consequences, then arguably he is also part of the conspiracy as a quasi lookout.

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