Crown concedes error

Press, 2 March 1981, Page 4

Crown concedes error

NZPA .? A Lancaster i 's*/- '-'.r I The prosecution in. the < "Mr Asia” .case has /conceded that \ a;i .defendant i should’have, been' told earlier i He was being arrested.-T.i/ 1 ; The prosecution counsel, men’s tondo-1 her, .Jack Barclay, yreM-vok i jintary and fair< .. Mr. -.Mantell was.; con- < eluding the prosecution ar- I gumeniro.n the rfifth day .of’ a I ?trial.lihfhJh,A..txidl"'.:i n '.;.y l ?. 1 drugs conspiracy and murder case in Lancaster Castle. i . Ip the absence of the jury, 1 counsel for Barclay is arguing- that police evidence 1 against him should be ruled inadmissible. • j;.-The Court has heard Bar-1 Clay allege that Lancashire I police frightened and-humih- •• *tad him and forced him to i f . -■ . ’A “ A .. ' :

the prosecution to have been an essential .member of the drugs conspiracy in, Britain. It ,-was carried out iby a syndicate, which, originated in New. Zealand and Awtnglia,' the prosecution said. < , Mr Mantell told the Judge, Mrtf Justice Heilbron, that it w«.7rigbt'.. Barclay 7 ' should have been told earlier . jie was being arrested, n ■ •. eAt the tWhls arrest’was confirmed .by one policeman to • another,-’ ;Barday was. a third’o?Jthff way -through- a witness statement, s - r ».<• '• We ''concede, ; |he.- defendant ought tb’ have “been told he did not have to add any. thing to the statement," Mr ManteJl said.- '' He agreed that the Magistrate’s Court Act provided for an accusediperson- to be brought before the court within.4B-hours of his arrest unless circumstances were ejtoeptional, t 7. Barclay .was not ' intef-

viewed until 50 hours after his -J arrest and ■ did not appear before a court for another, three days. ;■; "I . submit i . this was a wholly, exceptional case with enormous complexity and iqrge number of defendants," he said. -z-.’b...'._. .... . ’ Eariiep, Barclay reviewed his statements with the leading prosecution counsel Mr Michael Maguire; QjC. "Its not a question, of you having said these Jthings be- , cause you were cold, tired and oppressed#.Maguire said." You didn’t’“say these things at all, that's it?” ‘Wes, sir,” Barclay replied. , Barclay repeated that he signed the statements because a detective was standing over him. •• /Mr Maguire; ‘‘l must put it that from start to finishyou tried to. talk out of it. You were lyins your, head: off," '• . .‘- ’Baraay*-. «nq- sj'r.ui, •-- 1 ■.: