Not within my power — Attorney-General

Press, 19 August 1978, Page 7

Not within my power — Attorney-General

PA Wellington It was not within his power to expunge the convictions of those Bastion Point protesters who had already been before the courts, the Attorney-General (Mr Wilkinson) said.

He was replying to a call from the Opposition spokesman on justice (Mr D. R. Lange) to expunge the convictions as that was the only way he saw the law could be seen to be fair to all concerned. Mr Wilkinson said this was not within his power. “It is over to them (those convicted) to consult their legal advisors as to their recourse.” he said. He understood several had already lodged appeals before he decided to enter the stay of proceeding yesterday. He was asked if a similar course of action would follow in the cases of the Ocean Beach freezing workers in Southland, where 199 are being prosecuted for allegedlystriking without the statutory three-day notice in June last year. He repliedthat he could

not comment on that possibility, other than to say he was not bound by precedent in the way that a judge was. “I, as Attorney-General, have to look at each case strictly on its merits and its own particular circumstances,” he said. The Bastion Point protesters may reoccupy Bastion Point now that the Government has decided to abandon further prosecutions for trespassing. A decision will be made on Sunday.

Mr Jack Rameka. one of the protest leaders, said: “My son is among those who still wants his case heard. They believe it is their right. They

were arrested and they have the right to argue their case against the Court.” Those who had been convicted should have those convictions set aside, he said. “It is a miscarriage of jus-; tice that some (of the defendants) have the right to get away with it while others do not.” About 45 people had been convicted and discharged for trespassing at Bastion Point on May 25 and about 170 cases were left to be heard. Three defendants were found guilty but were discharged without convictions.