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3.
The powers given to the judge by clause 6 (3) (a)
seem to me to be insufficient. He is given no power to secure the attendance of any witness, and no power to compel a witness
to answer.
The Inspector General of Police could thus make it
impossible for the judge to cross-examine any particular witness, and could indeed withhold any evidence that he might
think fit to withhold. I do not suggest for a moment that
the Inspector General of Police would come to any such
decision without grave consideration, but he might feel it
his duty to take such action in order to protect some
informer, because the mere attendance of an informer at the
Courts of Justice might conceivably place that informer's
life in danger. This is one of the incidental objections
to giving a secret inquiry to the judges, but at the moment I
am concerned with the question of the judge's powers, and
I think that the bill should contain something of the nature
of clause 6 (7) of the bill which I drafted as attorney
General in 1930. Such a clause would give the judge the
general powers with regard to witnesses, etc., which he has
in an ordinary proceeding before him, and it should also
expressly empower him tor equire witnesses other than the
accused person to answer questions, and should give power to
punish on refusal.
4.
With regard to Form No.3. I venture to suggest that the judge should report to Your Excellency and not to the
Colonial Secretary.
5.
It has occurred to me that perhaps the bill should provide expressly for some form of inquiry to be followed
by