Praise for police in Kong case queried

Press, 4 August 1983, Page 3

Praise for police in Kong case queried

PA Oamaru The four people charged with the kidnapping of Gloria Kong on June 29 have been further remanded in custody for hearings. During their appearance in the District Court at Oamaru yesterday, Mr G. R. Lascelles, counsel for one of the accused, criticised the Oamaru Borough Council for passing a resolution commending the police, saying the statement could pervert the course of justice. Yesterday was the third appearance in court for the accused, Paul Francis McFelin, aged 30, a selfemployed builder, his sister, Karen Mary McFelin, aged 23, a technical assistant, Paul Edward George, aged 35, a driver, and David James Larnach, aged 25, an unemployed freezing worker.

George (Mr S. R. Crush) and Larnach (Mrs P. Hampsen) were remanded in custody to Dunedin for a further appearance in Oamaru on August 31.

McFelin and his sister will appear again on October 10 for a preliminary hearing. They will be in custody in Christchurch. Judge Hay took an hour to hear in chambers appli-

cations for bail and the setting of hearing dates.

Mr Lascelles said the statement made in a resolution by the Oamaru Borough Council for police conduct of the investigation and “their resolution of the crime” could pervert the course of justice.

“I am reluctant to be critical of public spirited members of a local body, but it was an indiscretion.

“This resolution implies guilt on the part of those who are merely suspects, and declares guilt before trial,” he said. “Local bodies have to set an example and not do anything to pervert the course of justice.”

He called the resolution premature and emotional. “They made it wrongly in a very public way, without hearing the facts from both sides, which they are under a duty to do. “In the present case the council has, by branding persons who are only suspect, breached its duty. “The police may have found themselves in a somewhat embarrassing position over this,” Mr Lascelles said.

The Crown solicitor, Mr Grant Pearson, said Mr Las-

celles’ criticisms were quite unfounded. He said there was no mention in the council document of any defendants, nor was there any mention in the newspaper report of the event. “It refers to the manner of investigation and the care and consideration the police showed the community.

“The whole thrust of it was the way the police conducted themselves.

“There is no implication of guilt on the part of any persons and no suggestion of what the courts should do,” he said. Mr Pearson said the community had been very appreciative of the police and it was “unwarranted and unkind” to be critical.

Mr Lascelles replied that he was not criticising the police and not asking the court for a ruling but it was an example of something /hat should not have happened. Judge Hay said the circumstances of the case had received wide publicity and the resolution was obviously made to commend the police for the way it carried out the inquiry. “Everybody knows four persons have been charged and they are innocent until or if it is proved otherwise,” he said.

Oamaru’s Mayor, Mr R. J. Denny, said outside court that the council did not prejudge anyone by its commendation of the police.