Probation inquiry review sought

Press, 4 June 1982, Page 5

Probation inquiry review sought

A Christchurch probation officer. Mr K. A. G. Birss. has filed an action in the High Court calling for a judicial review of the recent inquiry into the Christchurch Probation Office. The action challenges the power of the State Services Commission to set itself up as a commission of inquiry. "Its authority is restricted to a committee of inquiry," said Mr Birss's counsel (Mr G. E. Langham) yesterday. The action also'says the inquiry acted "contrary to natural justice and fairness" by sitting in private and not allowing any of the witnesses appearing before it to have legal representation. “It is a question of the way the inquiry was set up. the way it was conducted and its findings." said Mr Langham. "On my instructions, no specific allegations were put to witnesses. They were only referred to in general terms and people were given no

opportunity to cross-examine their accusers." he said. The action questioned the commission of inquiry's terms of reference and also included other matters private to his client, said Mr Langham. Three respondents have been cited in the action by Mr Birss. the first being the State Services Commission. The members of the twoman commission set up to investigate allegations against the Christchurch Probation Office, made by the weekly newspaper, "Truth;” have been named as second respondents. They are a former Director-General of Lands. Mr N. S. Coad, and a Christchurch lawyer, Mr A. A. P. Willy. The Secretary of Justice (Mr J. F. Robertson) has been cited as the third respondent. As a result of the findings of the commission of inquiry two members of the Christchurch probation service

have been charged with offences under the State Services Act. The charges relate to the leaking of information to "Truth." A code of ethics and behaviour for probation officers is. at present, being drawn up iq, Wellington for distribution throughout. the service.