Secretary, Department of Justice v Osland (No 2)  VSCA 69 Marjorie Osland is back in the High Court. She is still seeking documents under FOI legislation that relate to her petition for mercy. It must be like Christmas over at Open and Shut.
"(i)t is.. outside the scope of s50(4) for this Court to decide, as a matter of generality, whether there should be public scrutiny of legal advices received by a Minister in connection with the making of an executive decision. That is so whether the public interest is said to reside in greater transparency or in greater accountability… Whether ministerial accountability entails the production of legal advices relied on by ministers in making decisions, and if so in what circumstances, is a policy question which will fall to be considered, if and when it arises, by the executive or by the legislature."