22
Insel
unnecessary that their Report should be published. Its sole function was that of a rough map with which my could steer me through the whole territory of the evidence. The territory having now been publicly traversed, the Report has served its purpose, and its conclusions are of no consequence, since I can only base my conclusions on the evidence that was called and which I have myself carefully considered.
(i) Further Enquiries
62. After the hearings resumed on 29 October 1980, it became necessary from time to time to conduct further enquiries. To give an idea of the further investigations undertaken by this Commission, I append to this Report at Appendix 9 a consolidated list of the statements taken by the Police, by investigators to this Commission, my Solicitors and Counsel, and by the Police and other Counsel.
H. REVISED PROCEDURE AT PUBLIC HEARINGS
When hearings resumed on 29 October 1980, there was a slight revision of the procedure for calling evidence. The revised procedure which was followed until the end of the public hearings was as follows:-
63.
I.
64.
(a) The calling of witnesses would in every case be by Junior Counsel for the Commission. However, if a witness was legally represented and wished his Adviser to lead him in his evidence, this would in every case be permitted.
(b)
Other Counsel would cross-examine where necessary on matters relating to their clients' interests.
(c) Counsel advising the party being cross-examined might re-examine if felt necessary.
(d) Leading Counsel for the Commission would cross-examine or re-examine on behalf of the Commission
whenever it was thought necessary.
(e)
Where evidence of a non-controversial nature was to be called, it would not be necessary to have the witness in attendance. His or her statement would be read.
ACCESSIBILITY OF DOCUMENTS TO COUNSEL REPRESENTING PARTIES BEFORE
THE COMMISSION
Because of the overwhelming bulk of material supplied to the Commission was given a security classification, in some cases "Confidential" and in others "Secret", and contained information which was sometimes not directly relevant to my Inquiry, I decided at the outset to limit circulation to Counsel only to the extent that it was necessary to enable each Counsel to present his case. Each Counsel who appeared at the early stages of the hearings was provided with a common set of material which would enable them to prepare themselves for their conduct of the proceedings ahead. (See Appendix 3). From 29 October 1980, with the enlarged pool of material available to the Commission, a different approach was taken. The documents listed in Appendix 8 were put in evidence by Counsel for the Commission immediately following his opening address on 29 October 1980, I accepted all these documents as proved unless and until such material as was contained in a document was challenged in cross-examination, or a witness, in giving oral evidence, attested otherwise, in which event, I would weigh all the relevant evidence as the circumstances dictated. In the end there were in the possession of the Commission 34 files.
persons
65.
As to material which would in future be put in evidence, I decided that they should be circulated to all appearing before the Commission or their Advisers. Material which the Commission did not intend to put in evidence would only be made available to the party likely to be affected by it in order to give such party an opportunity to consider the material and to apply for its introduction into evidence, unless it is of such little probative value but of such substantially prejudicial character that the Commission considered it inadvisable in the public interest to disclose such material.
J. WITNESSES AND HEARINGS
66. In 134 days of public hearings, the Commission heard 110 witnesses and considered 57 statements which were read without their makers being called. Appendix 10 is a list of all witnesses called. Appendix 11 is a list of all statements read. The transcript of evidence comes to some 13 000 pages.
67.
I am not unmindful of the fact that many witnesses attended the public hearings at great personal inconvenience, and in some instances, personal sacrifice. Their assistance is acknowledged.
68.
In addition, I heard formal submissions of Counsel in Chambers on 13 occasions relating to matters of practice and procedure.