High Court hearing

Press, 14 August 1980, Page 3

High Court hearing

PA Auckland Counsel for the parties seeking a review of the Royal Commission of Inquiry into the Thomas case said yesterday it was now impossible for the commission properly to continue its inquiries into matters involving the propriety of the police. Mr J. H. Blackmore told the High Court that the commission had misconstrued the effects of the Thomas pardon resulting in its “prejudging the issue of the impropriety of the police.” He submitted that the commission was disqualified bv bias and/or unfair conduct from continuing its inquiry’. The four applicants who seek the review are the Police Association; the Police Officers’ Guild; a former detective inspector, Bruce Thomas Newton Hutton; and Detective SeniorSergeant Murray Jeffries. They ask the High Court to review certain decisions clearly made by the commission and also for an order preventing the commission continuing its inquiries. Mr Blackmore referred the court to the cross-exam-ination of the Commissioner of Police (Mr R. J. Walton) by the commission’s chairman, Mr Justice Taylor. “He (Mr Thomas) was wrongly convicted and you know it,” the chairman had said. Mr Blackmore said the chairman had then gone on to make a statement that could only be described as his personal view upon the conviction and pardon. “They are firm statements by the chairman ... of his views which in my submission go a long way towards showing a closed mind,” he said.

Earlier, Mr D. L. Tompkins, Q.C., for the applicants, completed his submissions challenging certain decisions the commission has made. He said the commission’s decision on the cartridge case, exhibit 350, was premature and did not give the police an opportunity to be heard.