Aust, search for Fulcher starts

Press, 26 December 1984, Page 1

Aust, search for Fulcher starts

NZPA-AAP Sydney The police in New South Wales have received an official request from their New Zealand counterparts to arrest “Mr Asia” associate, Peter Fulcher, 18 days after he was released from prison, and launched a ’search for him. A warrant issued in Sydney for his arrest was based on serious assault charges relating to an incident in New Zealand in January, 1980. Meanwhile, the Australian Federal Opposition yesterday called on the AttorneyGeneral, Mr L. Bowen, to produce all documents relating to the release of Fulcher. “There is something very fishy about his early release from prison, particularly because of the evil nature of his activity and his 18-year sentence,” the Opposition spokesman on legal matters, Mr Neil Brown, said yesterday. “The circumstances make Fulcher’s release so fishy that only a full and complete disclosure will set at rest the public concern at such an extraordinary release,” he said. Mr Brown said he ex-

pected Mr Bowen to release to himself, or to the public, all documents under the Freedom of Information Act relating to Fulcher’s early release on licence. Mr Brown said if the Federal Government did not respond to the request he would apply to the Administrative Appeals Tribunal, or the federal Court; for’the release of relevant documents compiled by the Parole Board, prison authorities, the Federal Police, and the AttorneyGeneral’s Department. Fulcher was released from Sydney’s Parklea Jail on December 6 after serving just under four years of an 18-year sentence for heroin trafficking.

He was released before he had served half of his nine-year non-parole period, with press reports in Australia and New Zealand suggesting that his freedom was based on a deal made with the now defunct Stewart Royal Commission into Drug Trafficking. Mr Bowen, who replaced Senator Gareth Evans as Attorney-General in a Cabinet reshuffle earlier this' month, said there were “special circumstances” surrounding the release of

Fulcher, aged 44. Yesterday, Mr Bowen would not spell out these circumstances but said some, aspects of the “Fulcher case were known to the previous Government” — a reference to the Fraser Liberal Government which held office during the Royal Commission. In reply, Mr Brown (who was the acting AttorneyGeneral in the Fraser Government in the last three months of 1982), said he did not know of any special circumstances that would permit the former Labour Attorney-General, Senator Evans, to make a deal with Fulcher. Senator Evans signed the documents authorising Fulcher’s release but on Monday would not comment. Fulcher was named as a “gangster” and associate of the head of the “Mr Asia” drug syndicate, Terrence Clarke, by the Stewart Royal Commission, which was appointed under the Fraser Government.

The then Royal Commissioner, Mr Justice Stewart, is now the head of the National Crime Authority.

Mr Brown said he would be surprised if his Honour had recommended to Senator Evans that Fulcher be released from jail.

Mr Brown said it was quite extraordinary that Fulcher should be released without telling New Zealand authorities. "It was a matter of comity (courtesy) between States,” he said.

“Where another Government is involved, one always has a report from that Government where a prisoner hasn’t faced trial,” he said. Mr Brown said from his experience as acting Attorney-General that a decision to order a prisoner’s early release was made only after detailed investigation. He said that if Fulcher was the likely target of execution while in prison, the Government’s action could be justified, but it would not excuse it from telling why it had decided to usurp the sentence of the trial judge.