3. I HAVE NOW DECIDED THAT WE CAN BEST REDUCE THE RISK OF RICHING
A FLASH POINT, AND KEEP THOSE CONCERNED UNDER POLICE DISCINE (AND THUS LIABLE TO SUMMARY DISMISSAL WITHOUT PENSION), BY TELLING THOSE DEALT WITH UNDER CR 55 THAT THEIR EMPLOYMENT WILL BE TERMINATED AS FROM THE EXHAUSTION OF THEIR ACCUMULATED LEAVE, THE
LATTER TO COMMENCE AS FROM 7 APRIL. (THIS WOULD BE INSTEAD OF A PERIOD OF NOTICE AS ENVISAGED IN PARA 2(A) OF MY TUR). THE AMOUNT WILL OF COURSE VARY FROM INDIVIDUAL TO INDIVIDUAL, ALL WILL CEASE TO CARRY OUT POLICE DUTIES AS FROM 7 APRIL. THE DRAFT TEXT OF A REVISED LETTER IN THIS SENSE IS IN MIFT, I WOULD BE GRATEFUL FOR YOUR AGREEMENT TO ITS WORDING, BY APRIL 1ST MORNING,
OUR TIME IF POSSIBLE.
4. I ALSO CONFIRM THAT WE WILL NOT USE CR 55 AGAINST THOSE BEING
CHARGED. IF, AT THE END OF THE DAY (SOME SIX MONTHS HENCE AT LEAST), SOME OF THESE ARE ACQUITTED, WE WILL CLEARLY HAVE TO FIND A WAY TO REMOVE THEM FROM THE FORCE. THE EVIDENCE PRODUCED IN COURT
MAY BY THEN ENABLE US TO USE CR 59. IF NOT WE MIGHT HAVE TO FALL
BACK ON CR 55. THE ATTORNEY-GENERAL ADVISES ME THAT WE WOULD NOT
BE PREVENTED FROM DOING SO BY CR 62 SINCE CR 55 IS EXCLUDED FROM THE LIST OF REGULATIONS IN CR 54(3). IT IS THEREFORE NOT A 'PUNISHMENT'. HOWEVER THE PROBLEMS THAT ACQUITTALS WILL CREATE FOR
CASES IN WHICH CR 55 IS USED WILL BE CONSIDERABLE WHETHER THE REGULATION IS APPLIED BEFORE ACQUITTAL OR AFTER IT. GIVEN THE MODERATE OPTIMISM OF THE PROSECUTION, I THINK THE DISADVANTAGES OF APPLYING CR 55 TO MEN CHARGED AT THIS STAGE GREATER THAN THOSE OF
APPLYING CR 55 OR 59 AFTER ACQUITTAL.
I
5. I WILL SEND YOU DRAFTS OF OUR PROPOSED PRESS STATEMENT AND
ANSWERS TO PRESS ENQUIRIES TOMORROW. I AM AFRAID THAT, IN ORDER TO GO TO EXCO ON TUESDAY MORNING, WE WILL NEED YOUR AGREEMENT TO THEM
BY FIRST THING TUESDAY MORNING, OUR TIME, AT THE LATEST,
MACLEHOSE
NNNN
IMMEDIATE
LE RÅDE ARANSA
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