Mr Mahon concerned about criticisms of Judiciary

Press, 20 September 1982, Page 2

Mr Mahon concerned about criticisms of Judiciary

PA Wellington During the last few weeks the prime Minister. Mr Muldoon. and five Cabinet Ministers have criticised the legal process in New Zealand, says the former High Court judge. Mr Peter Mahon, Q.C.

Mr Mahon told the Wellington District Law Society last week that he hoped this was a "temporary aberration." The text of Mr Mahon’s address was made available by the Law Society.

The Minister of Police, Mr Couch, had said there were weak judges who did not have the courage to do their jobs properly and fairly, and that the average citizen believed that only an optimist could hope for justice in the

courts. "The Minister of Energy. Mr Birch, and the former Minister of Works. Mr Quigley. have each been critical of the decisions reached in the Clyde dam litigation." Mr Mahon said.

“The Minister of Foreign Affairs. Mr Cooper., on the same topic, felt obliged to criticise the Judiciary as being prone to error. "The Minister of Immigration, Mr Malcolm, suggested in reference to the Western Samoan case that it was not a common-sense decision. “And the Prime Minister said the Judicial Committee (of the Privy Council) had now delivered three judgments which showed ignor-

ance of New Zealand customs and practice." Mr Mahon said. "This is certainly a wideranging attack on our judicial system covering three fronts—namely, the Western Samoan case, the Clyde dam case, and the District Court trials of Springbok tour and Bastion Point protesters.

"You will note the identity of the attackers.’ They are not activists, or convicted criminals, or Communists, or other varieties of people whose philosophy is to destroy the democratic system of justice,” said Mr Mahon. “They are Cabinet Ministers, sworn to uphold democratic government. and bound by their oaths of office

to uphold the rule of law

He said if it became common practice for the Government to denounce judicial decisions it did not agree with, members of t|ie public would begin to think judges would not decide against the Government for fear of attack.

"A judge should not publicly criticise Government policy because he is not responsible to the electors.

. “Cabinet Ministers, and other members of the Executive, should not publicly criticise the judges and their decisions, because such a process entrenches upon public confidence in the independence of the Judiciary." he said.