The "duration, variety, intensity and proximity" of the relationship between Amnesty International and a Law Lord who ruled that the former Chilean dictator Gen Augusto Pinochet was not immune from prosecution gave rise "to the very real danger of bias", a panel of judges in the House of Lords heard yesterday.
On the first day of a two-day petition, lawyers acting for the former dictator were asking a fresh panel of five judges - the three Law Lords, Lord BrowneWilkinson, Lord Hutton, a former Lord Chief Justice for Northern Ireland, Lord Hope and two retired law lords, Lord Goff and Lord Nolan - to set aside the decision by five other Law Lords that Gen Pinochet does not enjoy sovereign immunity.
In her submission, which reminded the judges that "justice must not only be done but be seen to be done", Ms Clare Montgomery QC, for Gen Pinochet, said there was a "duty" upon Amnesty International and Lord Hoffman to disclose their connection.
Ms Montgomery told the hearing, however, that it was not her contention that the alleged failure to disclose Lord Hoffman's directorship of Amnesty International Charity Ltd (AICL) rendered the earlier decision void but that the relationship led to unconscious bias on Lord Hoffman's part.
Lord Browne-Wilkinson indicated that the judges would not consider setting aside Lord Hoffman's vote alone, which would have the effect of releasing Gen Pinochet, because a minority vote would be accepted, but would consider the decision of the Law Lords as a whole. This could lead to a fresh hearing of the case, possibly next year.
Arguing that AICL and Amnesty International could not be regarded as separate bodies, Ms Montgomery urged their Lordships to "properly infer" that a director or chairman, carrying out their duties faithfully, would do all they could to lawfully assist the human rights group.
It also appeared that Amnesty pamphlets, which denounced Gen Pinochet as being responsible for some of the worst crimes in the world, were probably paid for by AICL and in such circumstances "the substantial links" between Lord Hoffman and Amnesty "are relevant matters".
Furthermore, the "intensity" of the family link - Lady Hoffman works for the international secretariat of Amnesty International - was significant. The appearance of bias could also be found in Lord Hoffman's authorisation of an Amnesty report in 1993 which was highly critical of Gen Pinochet and the failure to prosecute anyone in connection with human rights abuses in Chile during his regime.
In his submission, Mr Alun Jones QC, for the Crown Prosecution Service, argued that Gen Pinochet's lawyers were bringing their petition because they had failed to persuade the Home Secretary, Mr Jack Straw, to conclude the extradition proceedings.
Far from being unaware of Lord Hoffman's connections with Amnesty before Mr Straw allowed the extradition to proceed to the courts last week, they had raised the issue with him and had elected that Mr Straw should settle the matter.
"There was an acquiescence that this matter should be determined by the Secretary of State and not by this House," he said.
The hearing continues today.
Chile's national airline, LAN Chile, said yesterday that it will halt its weekly flights to the Falkland Islands starting on March 31st.