Police intimidation of boys alleged

Press, 17 April 1980, Page 3

Police intimidation of boys alleged

PA’ Auckland Two boys aged 15 arrested on a charge of murder but later freed, had said they made “confessions” solely out of fear, their counsel said. The two boys had been charged with the murder of Simon Paulus Buis, aged 54, who was found beaten to death in Gribble Hurst Park on April 4, and were remanded in custody by Judge Mac Lean in the District Court at Auckland. He directed that they be kept apart from adult prisoners. At a subsequent special hearing last week, the boys were released by the Judge after an application by the police that the murder charges be withdrawn. Their counsel (Mr G. M. Illingworth), said that the boys were charged with murder on April 5. He asked for the matter to be remanded to April 15 for a date to be set for a preliminary hearing. On April 9, while he was out of town and without his instructing solicitor being advised, the boys were brought back to the Court in the early evening, without counsel. The Court gave the police leave to withdraw the information..

Mr Illingworth said that his instructions were that, when arrested, the boys made “confessions” solely out of fear. They were told what to say and when they tried to

deny involvement their denials were rejected. At no time during the night in question were they in or near the Sandringham area. It now seemed clear that when senior police officers checked the statements alleged to have been made by the boys against the facts known to the police, there were inconsistencies of such a degree and nature that the statements were shown to be incorrect.

That was the only plausible reason for the hurried withdrawal of the charges, Mr Illingworth said. He said that when the boys were first interviewed their parents were not present. Although there was no rule requiring them to be there, the courts usually regarded it as desirable for the police to arrange for them to attend. A complaint was being made to the Assistant Commissioner of Police in Auckland.

The “confessions” by the boys were not thought to be confessions in the usual sense but were simply admissions of partial involvement. All actual involvement was denied.

Asked to comment on the boys’ allegations. Assistant Commissioner E. J. Trappitt said the approach by the press was the first indication the police had had of them. The inquiry was still in pro-

gress and this to a certain extent prevented him from making a full statement. He could not say much more than to indicate that the officer in charge of the inquiry, Detective Inspector M. G. Charles, was in touch with the boys’ parents on the day they were questioned and arrested and again on the day they were released by the Court.

Mr Trappitt said that at.no stage did the boys or their parents make any complaint about the actions of the police. Both boys were routinely examined by a doctor after their arrest and again the police received no complaint to support the allegations. The police tried to find the boys’ counsel before their court appearance, but he was out of town and unavailable. The instructing solicitor was notified of the details early the next morning, he said. The parents were fully informed of the- situation on the evening the boys were released.

The Commissioner of Police (Mr R. J. Walton), owed the public some explanation of the circumstances in which the. boys' were arrested and charged and then had the charges against them dropped, apparently without any reason at all being given to the Court, said a Labour member of Parliament, Mr F. D. O’Flynn, Q.C., yesterday.