XN000022-1980-07-09 — Page 25

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WEDNESDAY, JULY 9, 1980

MR STEAN POINTED OUT THAT THE PROBLEM OF ILLEGAL ALTERATIONS AND ADDITIONS WAS INTRACTABLE PROBLEM OF MASSIVE PROPORTIONS AND WAS ONE WHICH HE DID NOT BELIEVE COULD EVER BE SOLVED WITH THE PRESENT APPROACH TO IT.

RECOMMENDATIONS WOULD THEREFORE BE SUBMITTED TO THE EXECUTIVE COUNCIL IN THE NEAR FUTURE, WHICH WOULD ON THE ONE HAND LIMIT THE TYPES OF ILLEGAL WORKS AGAINST WHICH ACTION SHOULD BE TAKEN AND ON THE OTHER HAND, IN CERTAIN AREAS, ENABLE AN INDIVIDUAL OWNER WHO WISHED TO CARRY OUT ALTERATIONS TO OBTAIN APPROVAL QUICKLY FROM THE BUILDINGS ORDINANCE OFFICE, WITHOUT EMPLOYING PROFESSIONAL ADVISERS, HE ADDED.

INQUEST INTO ALL WHO DIE IN CUSTODY

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CORONERS WILL INQUIRE INTO ALL DEATHS OF PEOPLE IN OFFICIAL CUSTODY - INCLUDING THOSE HELD BY THE INDEPENDENT COMMISSION AGAINST CORRUPTION, THE ATTORNEY GENERAL, THE HON JOHN GRIFFITHS SAID IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

IN MOVING THE SECOND READING OF THE CORONERS (AMENDMENT) BILL 1980, MR GRIFFITHS SAID THE DEFINITION OF OFFICIAL CUSTODY+ WAS AMENDED TO INCLUDE PERSONS IN CUSTODY BY ICAC OFFICERS OR ANY OTHER OFFICER WITH POWERS OF ARREST.

AMENDMENTS IN THE BILL ALSO INCREASE THE PENALTY FOR FAILURE TO ATTEND A JURY SUMMONS (FOR CORONERS COURT) FROM $500 TO $3 000. HOWEVER, THERE IS PROVISION OF A SPECIFIC DEFENCE OF REASONABLE EXCUSE TO

A JUROR WHO FAILS TO ATTEND IN ANSWER TO A SUMMONS.

MR GRIFFITHS SAID THAT UNDER THE PRESENT LAW, PAPERS FROM EVERY INQUIRY BY A CORONER WERE FORWARDED TO HIM WHICH CREATED +DOUBLE HANDLING. +

+CORONERS PAPERS WILL, UNDER THE AMENDMENTS, ONLY BE FORWARDED UPON REQUEST FOR HIM TO CONSIDER WHETHER HE SHOULD EXERCISE HIS STATUTORY RESPONSIBILITIES OF ORDERING THE INQUEST TO BE RE-OPENED.+

OTHER AMENDMENTS ALLOW FOR A CORONER NOT REQUIRED TO BE A MAGISTRATE, BUT A PERSON WITH LEGAL QUALIFICATIONS, AND PROVIDES THAT CORONERS MAY ACCEPT MAJORITY VERDICTS OF JURORS, AND THAT JURORS MAY BE DISCHARGED IN THE INTERESTS OF JUSTICE AND THEMSELVES WITHOUT DISRUPTING AN INQUEST.

MR GRIFFITHS SAID THERE WAS ALSO AN AMENDMENT OF THE JUDICIAL SERVICES ORDINANCE WHICH WAS CONSEQUENTIAL UPON THE POST OF CORONER BEING INDEPENDENT OF THE MAGISTRACY,

HE SAID THAT A NUMBER OF THE AMENDMENTS STEMMED FROM A REPORT EARLIER THIS YEAR FROM A WORKING PARTY ESTABLISHED TO REVIEW THE LAW AND PRACTICE OF THE CORONERS COURT,

/QNE RECOMMENDATION