Secrecy over drugs?

Press, 13 April 1982, Page 2

Secrecy over drugs?

PA Auckland A case conducted in secret in an Auckland court last week concerned a drug- related charge and a person whose life was said to be in danger, an Auckland lawyer, not directly involved in the case, has said. Labour’s Shadow Minister of Justice, Mr F. G. O’Flynn, said yesterday that Mr Justice Moller was wrong to conduct the case in secret. The court was closed to the press and public and the charge, sentence, and identity of the defendant were not disclosed. Mr O’Flynn, a lawyer, said in Auckland that the judge could have achieved what he wanted by other means, “Though I can’t elaborate on this without divulging some of the details of the case.” Mr Ojyvnn is one of four

politicians told the reasons for Mr Justice Moller’s actions by the Minister of Justice (Mr McLay). His Opposition colleague, the Shadow Minister of Police, Mr -M. A. Connelly, believes the judge was correct to hold the High Court sentencing in complete secrecy, and the Social Credit leader, Mr Bruce Beetham, said that he and his deputy. Mr G. T. Knapp, supported the judge’s actions. Mr O’Flynn said yesterday he accepted that the judge thought he had good reasons for his actions, “But on the limited information I have, I don’t' agree with what he did.” He said secrecy and concealment were to be avoided in court dealings as they led to rumours and speculation and actually

drew attention to the cases. “These things may remain a secret for a week or a fortnight but not for six months. "There are maybe eight or 10 people, other than the judge, the lawyers, and senior court officials involved, who know the facts. It doesn’t take long for word to get around.” Mr O’Flynn said it was difficult to say whether the judge’s actions were legally proper. While judges had inherent powers to make certain decisions, it was “not easy to say” whether these powers were “absorbed” by statutes. (Section 375 of the Crimes Act says that a judge can order a court to be cleared in certain circumstances but accredited news media reporters cannot be excluded from the court.)