· 3-
(ii) that the prosecutions of Lindsay, Duffy and Molo Tsui
may well be relevant to the Inquiry on a similar fact basis to show the
"modus operandi" of the S.I.U. (who presumably may have treated
MacLennan in the same way as they treated these 3);
(iii) that the A.G.'s prèss dispute with Mrs, Elliot is within
the terms of reference inasmuch as the A.G.'s (second) press release is
relevant to paragraphs (b), (c), and (d) of the terms of reference. Α
copy of the terms of reference is attached at Appendix "E",
The result of the Commissioner's reluctance/refusal to interpret
his terms of reference is that a miscellany of irrelevant allegations have
been exhaustively explored without the Counsel responsible being required
to justify the exercise in terms of relevance to the terms of reference -
which, after all, confer to the Commission its jurisdiction. The incentive
(and the tendency) to utilize this licence lies primarily with the Counsel
who are not representing persons whose reputations are under assault, viz.
Beveridge, Q.C. and Seagroatt (who represents the MacLennan family whose
interests are somewhat undefined). On occasions this advantage has been
re-inforced by the Commissioner acceding to suggestions of Beveridge, Q.C.
that Counsel representing specific persons lacks "standing" to explore
areas not demonstrably relevant to their particular clients' interests.
In effect the onus of demonstrating relevance has been reversed.
In his opening speech to the Inquiry on the 29th of October,
1980 Beveridge, Q.C. said :
"Inevitably,