XN000022-1989-04-12 — Page 8

WEDNESDAY, APRIL 12, 1989.

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AG EXPLAINS DECISION NOT TO PROSECUTE FALSE SUBMISSIONS

THE DECISION NOT TO PROSECUTE THE AUTHORS OF FALSE SUBMISSIONS MADE TO THE SURVEY OFFICE WAS TAKEN AFTER CAREFUL CONSIDERATION, THE ATTORNEY GENERAL, MR JEREMY MATHEWS, SAID IN THE LEGISLATIVE COUNCIL TODAY WEDNESDAY),

IN REPLY TO A QUESTION FROM THE HON MARTIN LEE, MR MATHEWS SAID THE POLICE HAD ATTEMPTED TO FOLLOW UP ALL 2,581 COMPLAINTS OF ALLEGEDLY FALSE SUBMISSIONS MADE TO THE SURVEY OFFICE IN 1987 AND HAD ATTEMPTED TO INTERVIEW ALL COMPLAINANTS.

HOWEVER, ONLY 2,310 COMPLAINANTS RESPONDED ΤΟ THE POLICE INVESTIGATION AND THE REST EITHER REFUSED TO BE INTERVIEWED OR COULD NOT BE LOCATED, HE SAID.

ALL EXCEPT FOUR OF THE 2,310 COMPLAINANTS INTERVIEWED WITHDREW THEIR ALLEGATIONS, HE ADDED.

MR MATHEWS SAID THAT IN RESPECT OF THE FOUR COMPLAINTS THAT WERE NOT WITHDRAWN, THE AUTHORS OF THE SUBMISSIONS WERE IDENTIFIED.

"

'HAVING GIVEN VERY CAREFUL CONSIDERATION TO THESE CASES AND AFTER TAKING THE ADVICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS, I DECIDED NOT TO PROSECUTE ANY OF THESE CASES," HE SAID.

HE SAID IT WAS IMPROPER FOR HIM TO DISCLOSE THE REASONS FOR THE DECISION AS "THE DISCLOSURE MAY TRIGGER OFF A PUBLIC DEBATE ON THE GUILT OR INNOCENCE OF THE SUSPECTS.

"IT IS UNFAIR THAT THEY SHOULD BE SUBJECT TO A 'TRIAL' OUTSIDE THE COURT WHERE THEY HAVE NO OPPORTUNITY TO DEFEND THEMSELVES.

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MR MATHEWS RESTATED THE PRINCIPAL CRITERIA TO BE CONSIDERED DECIDING WHETHER TO INSTITUTE CRIMINAL PROCEEDINGS.

"FIRSTLY, THERE IS

IN

THE SUFFICIENCY OF EVIDENCE CRITERION. THERE ARE A NUMBER OF WAYS IN WHICH THIS CAN BE DESCRIBED.

1987, EXPRESSED THE INGREDIENTS FACIE CASE 19,

"MY PREDECESSOR, IN THIS COUNCIL ON MARCH 25, IT THUS THERE MUST BE ENOUGH EVIDENCE TO PROVE ALL OF AN OFFENCE. HE WENT ON TO NOTE THAT A BARE PRIMA GENERALLY SPEAKING, NOT ENOUGH TO WARRANT A PROSECUTION. THERE MUST BE A REASONABLE PROSPECT OF SECURING A CONVICTION.

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"IF THE FIRST CRITERION THE SUFFICIENCY OF EVIDENCE TEST IS SATISFIED, THEN THE SECOND CRITERION IS THE PUBLIC INTEREST TEST,

"THIS CAN BE EXPRESSED IN THE QUESTION: DOES THE PUBLIC INTEREST REQUIRE A PROSECUTION? THAT QUESTION BRINGS INTO CONSIDERATION A NUMBER OF FACTORS, SOME OF WHICH WERE, BY WAY OF EXAMPLE, DESCRIBED BY THE ATTORNEY GENERAL IN THIS MARCH 25, 1987," MR MATHEWS SAID.

COUNCIL

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