Paul Benfield was a man of the world. The shareholders of the East India company were also beneficiaries of the extortion and theft practised in India and if appearances could be maintained, they would not and did not change the status quo.
Under Section 19A an adverse inference may be drawn from the failure of an accused to mention a fact, later relied upon by him in his defence, while he is being questioned etc., by the Gardai.
The client has voluntarily transferred, or directed the transfer, of the money to the solicitor. On that ground alone the average policeman is immediately bemused at the beginning of any hypothetical investigation of a client’s complaint. It takes a specialised policeman, from a fraud squad, to conduct that investigation. In Ireland we have inadequate resources to investigate fraud.
As a practical matter, therefore, it is a necessary evil that the regulation of solicitors exist and that it apply with full force to the management of clients’ money.
There is a qualified privilege for words spoken, without malice, to protect property or detect crime.