Clerks must give evidence

Press, 7 May 1983, Page 8

Clerks must give evidence

PA Wellington Three of the four clerks convicted of attempting to pervert the course of justice white employed it the Dis* trict Court in Wellington wet* yetsteftfay ordered to give etidence at the Com* mitefon of Inquiry into irregularities at the court Lisda Anne McQuade, DteM John ‘ftampsen, and Miehati Piter WalMzewski have been sumnwened , to SST 3& "58S MrtMMttar, b nod ia Nftr tW’ 'smmtibM =. wire iMal *** <?om-

mission had previously given written assurances to the clerks that they would not be forced to give evidence, and in spite of strong protests by counsel acting for the three clerks involved. Mr Desmond Deacon, who appeared for Waluszewski, warned the commission that if the summonses were authorised he would advise his cheat to say nothing, even though Waluszewski would be liable to a $lOOO fine for failing to reply to (jneatious. The summonses were issued at the request of £oansel for the Justice Department, Mr John ®ihaon,

who protested that the assurances had been given to the clerks without reference to counsel appearing at the inquiry. The Justice Department considered the clerks had direct first-hand information of the irregularities at the court office, and since they were not prepared to appear willingly they should be summonsed, he said. “We want to know who knew of the irregularities, who consoned them, and who directed them, if anyone,” he said. . But Mr Deacon said the questions .would be better put to “®ose in authority

who may or may not have know of the practices, condoned, or directed them.” “I can assure you my client can add nothing further, nothing new, nothing not already before the commission,” he said. He said toe written assurances given to toe clerics had been gratefully appreciated because toe four had already suffered public ridicule. “It ill-behoves toe Justice Department to seek to reopen the issue,” he said. Mr Warwick Gendall, for McQuade, and Mr Tim 01phert, for Thompeon, submitted that it would Abe quite improper for the ceih-

mission to overrule its earlier decision. But the commission’s chairman, Mr Peter Hillyer, said that while there was considerable sympathy for toe ordeal the four had undergone it would be wrong of toe commission not to obtain as much information as possible. He said the assuances had been given because toe commission had believed it would not get any benefit from calling the four, since they had indicated they would not appear willingly. However, toe Justice Department believed their appearance would be of bene-