3
*
205
you a conditional pardon if you will repeat on oath
in the trial what you have told us about *B*, and what
we believe to be true. The condition of the pardon
is not the conviction of "3" but simply that you give
at the trial full and true evidence of the transaction.
We do not offer you an absolute pardon, because we do
not trust you; you might go back on us and refuse to
tell the truth in the witness-box."
Now, Mr. Potter put the matter to you I have
not the least doubt in all sincerity and in accordance
with his considered view of the matter but I do not
think you are entitled to form your own opinion. I
think it is misleading to say that the witness in such
a case must throw the blame on someone else, that he
has got to earn his pardon and is fighting in the
witness-box for his pardon.
He has got to earn his pardon in one sense,
but the way he has to earn it is by telling the truth,
not by getting another man convicted.
He may have,
Zimmern and
in one sense, to fight for his pardon, but the only
fight is a fight to tell the truth.
Christie and Chui Yung Sham are, I think, persons not without some intelligence, though perhaps that intelli- gence may be misapplied at times and, although you are
entitled to a different view, I find it difficult to
believe that they misunderstood the position with regard to the conditional pardon.
Having said that, I would also like to point
out this, that the procedure has a danger, there is
little doubt, I think. I do not think that it ensures
true evidence being given: you cannot count on true
evidence merely because of the conditional pardons that is clear. Also, I think it has this dangeri it may tend to make the witness who has a conditional