Page image
Page image

L—lβ

44

Mr Jelliooe : There is nothing to prevent these police officers coming here or being represented by counsel. Mr. Bell: That is just the point. Mr. Allen: I would like Mr. Jellicoe to tell us shortly and distinctly what new evidence he can or has placed before the Committee to ask us upon which to make a recommendation. Mr. Jellicoe : I am asking honourable members to take into consideration the whole case. Mr. Allen : Is there any new evidence at all except the evidence brought before the Magistrate's Court and the Supreme Court ? Mr. Jellicoe : Except the evidence taken on the perjury charges. The Chairman : I understand that the evidence taken before the Resident Magistrate on the charge of perjury was not given when the prisoner was tried on the charge of murder. Mr. Jellicoe : It could not be either ;it was not given before the sentence was commuted. I submit that if the prosecution had been allowed to go to a jury, and had resulted in the conviction of either police-officer for perjury, then the Executive would have reviewed the whole case. Mr. Lake : Perhaps you can give us some information as to what it was at the time, which the police only knew, that took them to Chemis's house. Was there anything to show what led them to do so ? Mr. Bell : I think they went to search Chemis's house from information which was offered to them, or which they acquired on that night after Dr. Cahill had told Morice of his suspicion. There was sufficient evidence to induce them to search Chemis's house. Benjamin was sent back for the warrant. I think I saw Morice next day. Benjamin was left in town. Mr. Lake : However that may be, they apparently jumped to conclusions before they knew the nature of the wound. As far as the evidence goes there is nothing to show that they should have made this raid. Mr. Bell : I believe, Sir, if my recollection is true, that Morice told me the next day after the murder that something was known of the lawsuit. I believe that is a fact, but I may be wrong on that point. • Mr. Lake : It appears to me that there is one person's evidence yet required—Dr. Cahill's. Mr. Kelly : I do not wish you to consider this personal, but is it considered fair amongst solicitors to have statements, such as you (Mr. Bell) made at the trial, made in a case where a foreigner is implicated. Mr. Bell : Yes ; not only fair, but the right thing to do. I was careful to say that, of course, the fact that he was a foreigner made it necessary that the utmost care should be taken that the evidence should be sufficient against him. Mr. Kelly : Do not you think that the statement was enough to prejudice the minds of the jury in nine cases out of ten? Mr. Bell: If I had not done so I would have been grossly wanting in my duty. Every care was taken to point out that it was only used for the purpose of limiting the circle. I told the jury that fact, that he was a foreigner, made it more necessary for them to be careful to be satisfied whether he was the guilty man or not. Would it make any difference upon your mind ? Mr. Kelly : I do not know that it would ; but I think that it would upon the mind of the average juryman. Mr. Bell : Then I beg to differ from you, Sir. I have not the slightest doubt, notwithstanding what you have said, as to the accuracy and propriety of the course I took. [Colonel Hume, who had been telephoned for, came into the Committee's presence at this juncture of the proceedings.] The Chairman : The Committee wish to know whether you, as head of the department, intend to bring in any evidence from the police in connection with the matter. Colonel Hume : No, sir ; I have no reason why they should come. The Chairman : Has there been any restraint put upon the department by Government to keep them back from the Committee ? Colonel Hume : No, sir. Inspector Thomson asked me if the Government would grant them counsel. I said, "No, certainly not;" there was no charge made against them. There was no reason why they should be here. The Chairman.: Can you tell us how long ago that was ? Colonel Hume : About ten days ago. Mr. Skerrett came to see me. That was on Saturday week, I think. Mr. Allen: Did you know that the Premier was of opinion that the police should have counsel. Colonel Hume : Yes. Any way, as I consider, of course, that Mr. Seddon was the man to give any directions in that course. I told him immediately afterwards. No obstacle would have been thrown in the way of the police if they had wanted to go. The Chairman: They wanted to be represented by counsel ?—Yes. Mr. Lake : If the men employed counsel, it was at their own expense ?—Yes, certainly. Mr. Moore: The police ought to be here, and represented by counsel. The Government ought to see to it. Mr. Lake : Have the Committee got information whether the police officially know the nature of this petition? The. Chairman : Yes, from us. That was the first instruction given to the Clerk ; and they were asked if they would like to attend the Committee. Mr. Bell : These men are charged with perjury, and they are asked to come into this room and submit themselves to the cross-examination of counsel who wished to charge them with perjury. Mr. Jellicoe :I am not asking any such thing. Ido not ask the Committee to grant us any such relief against the police. If the petition prayed any such relief then I abandon it. I have not here attempted to prefer a charge against any person, I have contended throughout this inquiry that if

Log in or create a Papers Past website account

Use your Papers Past website account to correct newspaper text.

By creating and using this account you agree to our terms of use.

Log in with RealMe®

If you’ve used a RealMe login somewhere else, you can use it here too. If you don’t already have a username and password, just click Log in and you can choose to create one.


Log in again to continue your work

Your session has expired.

Log in again with RealMe®


Alert