WEDNESDAY, JULY 9, 1980
ANNOUNCING THE APPOINTMENT OF THE COMMISSION IN THE LEGISLATIVE COUNCIL THIS AFTERNOON, THE ATTORNEY GENERAL, THE HON JOHN GRIFFITHS, POINTED OUT THAT DESPITE WHAT HAD BEEN CONSTANTLY SUGGESTED RECENTLY IN THE PRESS AND ELSEWHERE, HE, AS ATTORNEY GENERAL, HAD NO POWER TO ORDER ANY INQUIRY.
THAT POWER AND RESPONSIBILITY RESIDES, AND RESIDES ALONE, IN THE GOVERNOR-IN-COUNCIL UNDER THE COMMISSIONS OF INQUIRY ORDINANCE, HE SAID.
MR GRIFFITHS RECALLED THAT ON MAY 23 THIS YEAR, HE ANNOUNCED THAT BECAUSE THE STATUTORY REQUIREMENTS LAID DOWN IN THE CORONERS ORDINANCE, WHICH PERMIT THE ATTORNEY GENERAL TO ORDER THE RE-OPENING OF AN INQUEST, HAD NOT IN HIS OPINION BEEN FULFILLED, THERE WERE NO LEGAL GROUNDS PERMITTING ITS RE-OPENING, AND ACCORDINGLY HE HAD NO POWER TO DO SO.
+INDEED, AS IT SEEMS TO ME, I COULD NOT IN GOOD CONSCIENCE HAVE ACTED OTHERWISE THAN I DID.
+THAT DECISION WAS MINE AND MINE ALONE AS ATTORNEY GENERAL, + HE SAID.
MR GRIFFITHS POINTED OUT THAT BEFORE HE ANNOUNCED HIS DECISION NOT TO RE-OPEN THE INQUEST, HE HAD ALREADY REFERRED FOR INVESTIGATION BY THE COMPLAINTS AGAINST THE POLICE OFFICE CERTAIN ALLEGATIONS MADE AGAINST SOME INDIVIDUAL POLICE OFFICERS. THE INVESTIGATIONS HAD JUST BEEN COMPLETED.
IN HIS PERSONAL OPINION, IT WOULD NOT HAVE BEEN PROPER TO HOLD ANY OTHER INQUIRY UNTIL CAPO HAD COMPLETED ITS INVESTIGATIONS INTO ALLEGATIONS WHICH, IF SUBSTANTIATED, MAY HAVE LED TO CRIMINAL PROCEEDINGS, HE SAID,
SECTION 7 OF THE COMMISSIONS OF INQUIRY ORDINANCE PROVIDES THAT +EVIDENCE GIVEN BY ANY PERSON BEFORE THE COMMISSION SHALL NOT BE ADMISSIBLE AGAINST HIM IN ANY CIVIL OR CRIMINAL PROCEEDINGS,+
IT FOLLOWS THAT, UNLIKE A CAPO INVESTIGATION, NOT ALL THE EVIDENCE UNCOVERED BY A COMMISSION MIGHT HAVE BEEN AVAILABLE FOR USE IN ANY PROSECUTION WERE SUCH TO TURN OUT TO BE AN APPROPRIATE COURSE OF ACTION.
A COMMISSION WOULD BE HAMPERED IN THE SORT OF INVESTIGATION THAT CAPO WAS SPECIFICALLY SET UP OR BROUGHT INTO BEING - TO DO, HE SAID.
+HAVING REGARD TO THE ABOVE MATTERS AND TO THE CONTINUING ALLEGATIONS AS TO THE CIRCUMSTANCES SURROUNDING THE DEATH OF INSPECTOR MACLENNAN, THE APPOINTMENT OF A COMMISSION OF INQUIRY IS NOW THEREFORE CONSIDERED BOTH POSSIBLE AND DESIRABLE,+ HE SAID.
HE SAID THE REPORT OF THE INVESTIGATION BY CAPO TOGETHER WITH ALL STATEMENTS TAKEN OR MADE AVAILABLE TO IT IN THE COURSE OF THAT INVESTIGATION WOULD BE GIVEN TO THE COMMISSION OF INQUIRY, AS WILL ALL OTHER RELEVANT MATTERS, INCLUDING STATEMENTS AND INVESTIGATIONS MADE FOR THE PURPOSES OF THE ENQUIRY INTO THE LATE INSPECTOR MACLENNAN'S DEATH AND THE INQUEST INTO IT.+
/+THE