GUARANTEE OF FAIRNESS

Southland Times, Issue 24210, 21 August 1940, Page 6

GUARANTEE OF FAIRNESS

Aliens Tribunal In Wellington PROCEDURE OUTLINED BY MINISTER (United Press Association) WELLINGTON, August 20. In a statement about the work of the Aliens Tribunal, the Attorney-General (the Hon. H. G. R. Mason) said it was naturally attending first to cases which could most easily be disposed of in Wellington, but certain cases outside had to be handled because of their urgency and the provisional recommendations made were being put into effect. But in such cases, an opportunity would be given later to the alien to appear in person. The tribunal would later visit the other centres.

Outlining the procedure of the tribunal, the Attorney-General said the tribunal governed its own procedure. From the confidential nature of some of the information it was manifestly impossible that the procedure should be similar to that of an ordinary court, but the personnel of the tribunal, Justice Callan, Colonel C. G. Weston, K.C., and Mr J. H. Collins, was a guarantee that those who came before it would be given full opportunity to negative any statement or suggestion to their disadvantage that might have been made against them, and that thoroughness in protecting the public interest would be accompanied by fairness. In ordinary court proceedings, said Mr Mason, it often happened that in the brief report that could be given in a newspaper the true evaluation of all the circumstances could not be given, and the justice of the judgment might be less convincing to the reader than to those who had heard the case in the court. The tribunal had before it not only the story of rumour or suspicion and any explanation given by the alien, but also much other information constituting, in all, a sound basis from which judgment might be drawn. CASE QUOTED BY MINISTER The Minister quoted an instance by which the public might easily be misled as that of an accused who, a fortnight ago, was convicted of endeavouring to send a letter to Australia in such a manner as to evade censorship. When the case appeared in the court the police officer who prosecuted said the letter was one which, in the public interest, could not be«read in the court. This statement, although undoubtedly correct, gave a wrong impression to those who read the newspaper. The police statement had no reference to anything which might cause disquiet in relation to the war. He was merely referring to the language used, which, to put the matter mildly, had a freedom and expressiveness not suited to polite society, and of the sort which, in court, it was usual to avoid reading aloud. The young man accused was an Australian by birth, although classified as an alien because of his parentage, and the letter was one to his father relating to nothing but his own business. Although there was a defiance of regulations well meriting a sharp penalty, a complete examination of his case showed that whatever else might be said or thought of him, there was no indication of sympathy with, or a desire to assist, the enemy. Arrangements had been made for him to return immediately to Australia, but the case illustrated the need for caution in jumping to conclusions.