ABSTRACT
Mr Gordon Foxley was convicted on 3 November 1993, at the Crown Court, of 12 counts of corruption committed between 11 December 1979 and 7 August 1984, when he was employed by the Ministry of Defence as an ammunition procurement officer. The court sentenced him to imprisonment and a confiscation Order was made against him. His appeal was dismissed by the Court of Appeal on 6 February 1995. On 8 August 1996 a receiver was appointed to realise his assets. He was declared bankrupt and the same person was his Trustee in Bankruptcy. She made an order that all correspondence was re-directed to her so that she could identify his assets and income. A total of 71 letters were re-directed to the Receiver and Trustee in Bankruptcy which included letters from his legal advisers relating to the proceedings before the European Commission of Human Rights, and affidavits and drafts made or prepared for use in the High Court in relation to the receivership proceedings. Each of the letters was copied to file before being forwarded promptly to the applicant. Although the re-direction Order expired on 27 December 1996, it was only as from 18 January 1997 that the applicant began to receive his mail directly again. During that period there were two mail deliveries to the Trustee in Bankruptcy, a number of the items were copied to file before being forwarded to the applicant. The applicant complained of the interception of his correspondence. Court found unanimously V 8 as regards the interception of the applicant’s correspondence following the expiry of the period of the validity of the re-direction Order and as regards the interception of his correspondence covered by legal professional privilege during the period of the validity of the redirection Order, not necessary to examine the applicant’s complaint under 34 or under 6.
