67
48.
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Mr. Sceats: I am authorized by Attorney General to make this
statement on his behalf.
Mr. Hampton: May I ask what exceptions there are to that statement
made by r. Sceats.
Mr. Gunston: Who is the judge that he would give his evidence
Mr. Sceats:
Mr. Gunston:
81
faithfully, the judge or Mr. Sceats.
Immunity extends of course only to matters that are
germane to this trial before Court. Ile will give
evidence about events which occurred in Bay View
Division in which he took part in 1971 and early
part of 1972. He could be in a position of co-
conspirator in this case. In relation to these acts
that immunity from prosecution extends. Of course if
le were to gratuitously tell us of other criminal
matters which occurred during that period and which
are separate issues which do not arise in course of
this trial clearly no immunity extends. It would be
proper for Your Honour to warn witness about self-
incrimination. In my submission in interests of
public justice that witnesses who can be brought
before Court could talk from inside of these matters
he brought before Court and if necessary to secure
their attendance before Court or once in Court to allow
them to speak freely. Proper course for Prosecution to
adopt to give witness an assurance of action which I
have given.
Mr. Sceats has not said who is to judge whether evidence
given by witness is faithful or not he has not questioned
any action of prosecution and he has said it applies to
matters germane to this matter.
Mr. Sceats:
to
Criminal Procedure
Ordinance.
Discretion given
Attorney General as to institution of proceedings S.15 of Criminal Procedure Ordinance. At common law Attorney General has power in these matters.
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