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RULING MADE BY THE COMMISSIONER IN RESPECT OF MR. HENRY
Appendix 12
During the course of these hearings, various matters have emerged which are not, as subject of inquiry in themselves, relevant to the Terms of Reference. The fact that matters emerge in evidence does not render them relevant if they are not otherwise so.
Among the matters which have emerged, are reports of allegations of a homosexual character about the Commissioner of Police, Mr. Henry, which have not been substantiated in evidence, but which have been publicly reported. Whenever these matters have been raised, I have indicated that I consider them to be outside my Terms of Reference, and, therefore, not a matter for investigation. Apart from an application by Mr. Seagroatt to cross-examine Mr. Henry in relation to one point, it has not, at any time, been suggested by any Counsel that these matters are relevant to my Terms of Reference. As a result of that application, and of a suggestion made by Counsel to the Commission, I gave long and careful consideration to the point raised, notwithstanding that Mr. Seagroatt, in the light of fuller consideration, withdrew his application. In the result, I am quite satisfied that no cross-examination of Mr. Henry as to these matters would be sufficiently relevant for me to permit it.
The consequence of this ruling is that it is also irrelevant for Mr. Henry to deal with these matters in examination-in-chief. For this reason, I especially regret that his name was mentioned publicly at these hearings, instead of being written down and circulated only to interested parties, as has been done in the case of many other persons against whom allegations which are irrelevant to be investigated within my Terms of Reference have been made. The unfortunate, but incurable, consequence of the open mention of Mr. Henry's name is that wide publicity has been given to unsubstantiated allegations, which it is not the function of this Tribunal to consider. In these circumstances, I feel it is right that I should make it clear that no evidence has been given before this Tribunal which lends any substance to any such allegation.
11 May 1981