SECRET
CONCEIVABLY TWICE. A NUMBER OF SERVING OR FORMER POLICE OFFICERS
WOULD ALSO BE CALLED AS CROWN WITNESSES.
4. SINCE THERE IS NO EVIDENCE OF A SINGLE CONSPIRACY, AND IN
ANY CASE IT WOULD BE INCONCEIVABLE TO BRING A CASE AGAINST 180 PEOPLE SIMULTANEOUSLY, THE WITNESSES CAN ONLY BE USED TO GIVE EVIDENCE AGAINST ONE, OR AT THE MOST, TWO OF THE GROUPS. AT THE SAME TIME, AFTER CAREFUL EXAMINATION OF THE PAPERS, I HAVE
CONCLUDED THAT ALL PERSONS ARE EQUALLY CULPABLE AND I FEEL IT
WOULD BE IMPROPER FOR ME TO SELECT WHICH GROUP OR GROUPS SHOULD
BE PROSECUTED. IN MY VIEW, TO SINGLE OUT ANY ONE GROUP WOULD BE
INEQUITABLE AND POSSIBLY LEGALLY WRONG. THOUGH SURE OF THE GUILT
OF THE PUBLIC OFFICERS INVOLVED, I AM THEREFORE RELUCTANTLY
FORCED TO THE CONCLUSION THAT I CANNOT PROSECUTE ANY,
5. THE GOVERNOR HAS REPRESENTED TO ME IN THE STRONGEST TERMS
THAT THE PUBLIC INTEREST REQUIRES THAT A RESPECTABLE NUMBER, SAY
AT LEAST TWENTY OR PREFERABLY THIRTY, SHOULD BE PROSECUTED.
REASONS INCLUDE :-
(A)
THEIR GUILT:
(B) THE NEED TO GET THESE MEN OUT OF THE FORCE:
HIS
(C) THE INEVITABLE PUBLIC BELIEF THAT IF I DO NOT PROSECUTE
IT IS PART OF A SECRET DEAL TO DO WITH THE AMNESTY.
6. 1 AM ACUTELY AWARE OF THE FORCE OF THESE ARGUMENTS, BUT AS
ATTORNEY GENERAL I STILL FEEL IT WOULD BE WRONG TO MAKE A SELECTION.
I AM ALSO ACUTELY AWARE OF THE ADVERSE EFFECT WHICH A DECISION NOT
TO PROSECUTE ANYONE WILL HAVE ON THE PUBLIC'S ATTITUDE TOWARDS THE
ADMINISTRATION OF THE CRIMINAL LAW.
7. THE GOVERNOR HAS A FURTHER POINT THAT UNLESS CORRUPT PRACTICES
ARE PROVED IN COURT TO HAVE TAKEN PLACE WITHIN THE DIVISION THE USE OF CR.59 AGAINST MEN INVOLVED BUT NOT PROSECUTED, WOULD BE
MORE DIFFICULT. THIS TOO I ACCEPT.
8. IF I STAND BY MY VIEW THERE WILL BE A GRAVE PUBLIC OUTCRY THAT
JUSTICE HAS NOT BEEN DONE AND THAT CORRUPT POLICEMENT WILL BE ENCOURAGED, AND MY OWN POSITION WILL BE HEAVILY CRITICISED.
2
SECRET
/9. THE EXISTENCE