6.52
60
What is suggested is empowering a judicial officer [e.g. a magistrate or District Court judge] to take evidence in secret, on oath. It should not be necessary for such evidence to be taken in a formal way, for example, as a court takes evidence. The magistrate would need to have the power to compel
Such a tribunal appearance and demand testimony. would need to have powers of contempt to regulate its proceedings. To avoid the use of the claim of privilege, the inquiry would need to be able to call
A Crown upon the Attorney General to grant immunity. Counsel could call and examine the witnesses on the basis of the police investigation. If the magistrate found a case to answer, it could be transferred to District Court directly or to the High Court without committal.
6.53
If the proceedings are to remain secret, provision would need to be made for identification of subjects prior to arrest. This identification might be accomplished in several ways, but most conveniently by a photographic identification parade, fairly selected from assorted surveillance pictures. The initial "parade" would take place at the police station, to be repeated before the inquiry.
If a suspect is arrested, witnesses can confirm his identification, using a two way mirror if necessary.
Advantages and disadvantages
6.54
The advantages and disadvantages are very much the same as those that relate to the options put forward in relation to section 34 of the Societies Ordinance, Chapter 151 in paragraphs 6.35 to 6.37.
6.55
Advantages As observed in the 1981-2 Report by the Australian Royal Commission into the activities of the Federated Ship Painters and Dockers Union [Commonwealth and Victoria], one of the defects in police investigation of sophisticated crime. "springs out its lack of power. The investigation into organised crime cannot be by traditional methods. No person is likely to come forward and confess, or to inform, and so expose the organisation. It may happen but it will be rare. The only way it can be detected is by seizure of records, including bank accounts, and by compulsory powers of search and to demand answers to questions. The police forces are devoid of these powers and without them investigations will be prolonged and unlikely to succeed." The option now suggested would greatly improve the situation.
6.56 Concern that this powerful weapon might be employed capriciously can be allayed by limiting its use to matters involving serious crimes referred to the magistrate by the Governer on the advice of the Commissioner of Police and the Attorney General.