Commission challenged

Press, 26 November 1982, Page 5

Commission challenged

NZPA-Reuter Canberra The Australian High Court has agreed to a Federal Government request to ex-

pedite hearing a case challenging vital investigative powers of the Stewart Royal Commission into Drug Trafficking.

The commission is currently sitting in Auckland. The main question to be decided by the High Court is whether Royal Commissions could abrogate the longstanding common law right of witnesses to avoid selfincrimination.

The Acting Chief Justice. Sir Anthony Mason, has set the case down for December 8, but cautioned that other urgent ‘business might prevent it from being heard before February, If the case cannot be heard in December the Government may be forced to extend Justice Stewart’s commission to allow him to report later next year.

The Government is challenging a case brought by two witnesses at the Royal Commission. A decision on an extension would largely depend on how crucial the evidence of these witnesses is thought to be to the conclusions of the drug trafficking inquiry. If the High Court finds against the Government, the Stewart Commission and any future Royal Commissions will be severely limited in their ability to gather information. The two witnesses, called before sittings of the Stewart Royal Commission in Brisbane in September and October this year, have taken the case to the High Court after refusing to answer questions. Darryl Leigh Sorby and Hans Johannes Czajkowski have also complained that the Royal Commission was given access to the results of a police and Customs search of their homes on October 12.