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"Before the issue of the notice and search warrant, the question of preventing Chief Superintendent Godber leaving the Colony had been discussed and it was agreed that he should be put on the Immigration Department
'Stop List'. I understand that this was in fact done on the 4th June. My own view at this time was that if he attempted to leave by ship it would take some time to organise as it would have to be done illegally and that the placing of his name on the 'stop list' would be effective in preventing his leaving by air".
So, the police were acting on legal advice. Mr. Dawson's evidence on this question reads:
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nor did I instruct that Godber should hand over his passport. I feel that if this had been a legal measure, provision would have been made in law for it."
The polico approach is understandable. It night be summed up in these words: "We either have power to demand or we do not. As regards the surrender of passports, we have no power to demand this. Therefore the question of Godber surrendering his passport did not arise."
There is, however, In one sense, that is perfectly true. another way of approaching the question. A judge or magistrate has no power to demand that an accused person shall surrender his passport. But it frequently happens that a judge or magistrate says to an accused: "I am considering the question of bail; and I am prepared to grant you bail on certain conditions, one of which is that you agree to surrender your passport. Do you
agree?"
I suppose the cynics would describe this procedure as a specics of judicial blackmail. Be that as it may, courts of law have no desire to keep a suspect in custody, provided they can be assured of his continued presence within the jurisdiction of the court till the time fixed for his trial. Normally, a suspect appreciates the reasonableness of a request to surrender his travel documents as a condition precedent to the grant of bail. The police did not think of saying something on these lines to Godber on 5th, 6th or 7th June; and it would appear, there was nothing in the legal advice which they received which caused them to think on these lines.