609
391
368.
12 merlin street, ground floor;
the answer to that is that P19 was making his inquiries in Uctober 1975
and evidence is that Lee wah moved away from 12 herlin street long
before 1975 and if he was looking for name with address 12 merlin Street
he would have been wrong. The person Lee wah he was looking for did not
have address merlin Street. The exercise which would have taken a
matter of a few hours which would have located people of the proper
namos was not even located. Crown has fallen far short of the ground
work they are required to lay before calling in aid this very important
evidential privilege which has been conferred upon them by section 22.
what this section is saying "you do a hard job of work and intelligent
jobs of work to locate the witness if despite that you fail then section 22 may be used".
Do not say that telephone book is necessary that
used of reasonable inquiries. Other avenes of inquiry are clearly
open in Immigration records, revenue records. Having ruled out the Registration of Persons the Police and ICAC suspects. None of these
application forms should be admitted on the grounds that Crown has failed to show reasonable diligence.
(Mr. Hampton:
Perhaps this is a reasonable time to adjourn. Fighting off flu and would appreciate short adjournment.)
Court adjourned 15 minutes.
(od.) A. Garcia
District Judge
8/12/75
Court resumes at 12.15.
Appearances as before.
Mr. Hampton: My learned friend invited Your Honour to look at the
question of admissibility of drafts on what he calls the totality of
the evidence, but this submission proceeded on the totality of the
drafts, and he indicated that section 22 and I assume sub-section 2
permits the Court to do this. In my respectful submission this is a
wrong approach. It is a wrong approach which may have been contributed