CIVIC INQUIRY.

Auckland Star, Volume LIX, Issue 222, 19 September 1928, Page 11

CIVIC INQUIRY.

MR. MURRAY NOT TO ATTEND.) CONDITIONS OBJECTED TO. "MAKE THE PUBLIC YOUR JURY." Acting on legal advice, Councillor W. H. Murray has deckled not to be present this afternoon at the inquiry into the charges of waste and extravagance in civic administration which he has made against the Auckland City Council. His reason for the decision is that he objects to the conditions laid down for the inquiry. In a letter to the Town Clerk, Mr. Murray encloses a copy of the opinion of his solicitor (Mr. F. D. McLiver), on which he bases his resolve. He is advised that the condition allowing the attendance of the Press, but also allowing the inquiry committee to go into committee at its own discretion, may deny him the protection of publicity. He is further advised that tho right of having his solicitor present may be denied him, although the city solicitor will be present. "Your right to have counsel present on your behalf is necessary," continues the legal opinion. "You may be denied this privilege and in all probability will be denied the right of attendance of your own stenographer. At the previous hearing you had counsel and also your own stenographer. The fact that the official stenographer on the last occasion did not have full and complete reports makes it necessary for you to have your own present. "Apparently the committee desire full discretion as to what evidence shall be called. You may be denied the right of calling any particular witness or any particular set of witnesses. You will, as before, be denied the right to call the council officials or any of them. You will recollect you were considerably hampered in this way at the previous hearings. This is probably the object of this condition, as well perhaps to keep out witnesses who may be of assistance to you and a source of danger to this council. In this inquiry the judges*of the facts are members of the council. It is the activities of the same council and their officials, and in some cases the activities of the actual members of the Committee of Inquiry which are the subject matter of the inquiry. The method of inquiry, the evidence to be placed, the presence or otherwise of the Press and the final verdict is to be at the dictation of those whose actions are being reviewed. In other words, the accused shall be the judge and jury and also the master of ceremonies. "Unfortunately your efforts for an independent judicial inquiry have been fruitless. Without such a tribunal I think your next best course is to constitute the public your jury and to continue your crusade of public meetings, at which the Press shall have unques&onec admittance and at which the other sid are free to Sttend. For the above reasons I would- advise that you do not take part in the proposed continuation of the inquiry. You have produced considerable evidence already, many of the matters complained of by you have since been remedied, illustrating their worth, and other matters have been dealt with to which there can be only one conclusion."