OHINENURI LICENSING ENQUIRY.

King Country Chronicle, Volume III, Issue 157, 20 May 1909, Page 2

OHINENURI LICENSING ENQUIRY.

The agitation in connection with the j allegations against the Ohinemuri Li- j censing Committee of nine years ago ! was carried a stop further on V,'edr.esdav. v.-ha doi.utation waited on the Ministe- for Justice at Auckland, to urge that furth- r action should he : taken by the Government in the mat "or. Messrs Toole. M.P.. Mackay, Moss j and (kino-: Kaselden spoke in support of action being taken. The lion. Dr. Findlay, in reply, said it had given him pleasure to meet then,, and he would reply to them as Minister for Justice. and speak plainly, sincere';. - , and. if need be, courageously. If they wanted him to go further than dea' v.-it!: the matter from his own vie v.- as Minister for Justice, then he vouki i t- phased to put before Cabinet their desires as laid before him. Ke knov." the facts as far as they were available. The charge was that nine years ago certain men accepted a hid re in connection with certain work upon the Ohinemuri Licensing Committee. ire Court of Appeal had deemed tnat an enquiry bv Royal Commi-slon wou'M ho uiiconquestien of .aw and Government. The Government was there to carry out the law. and not administer it according to his wish or theirs. They had tried to set up a tribunal of inquiry which would have proved whether the allegations were true or not, and settled the question of guilt or innocence. The Court of Appeal saw this, and said that it was improper and unconstitutional. So they could see that the Government had tried earnestly to give effect to their desire for an enqiry, and had done what it could. Now, there were two courses still open. They could go straight to the police office that morning and lay an information. They could set in motion the whole machinery of the police force to discover what the position really was. The police would turn every possible stone, and do all that they possibly could in the matter. The second course open to them was _to go to the police and ask for investigation, and see if there was not good cause kfor taking action. In the case of the police taking action it was necessary, under the Act, for the police to make full investigation, and if satisfied that a prima facie case exists lay an information. That involved an oath upon the part of the man who laid it. He would tell the members of the deputation definitely that he would never direct any police officer to take his oath to something he did not believe. No Minister should attempt to tamper with the proper administration cf the police. If this was allowed, no man's liberty would be safe. Therefore, it was the duty of the police themselves, after investigation, to decide what they should do.

"You say that the Crown shouid do something," continued the Minister for Justice. "What can I do? I can only point out to you the avenues open, and if the police neglect their then I can step in. - But I- shal: notcommand any policeman to take hi? oath that another man has committed a crime. Again, there must be a good cause for prosecution, because where the police bring a case against a man there is always a strong inference that he is guilty of something wrong. In the case of a private prosecution, the position is not the same. And so it comes back to this. You do not require my intervention, or that of the Government. The criminal law must not be invoked by any Minister. In advocating this, you would be providing the first step towards the destruction of your own liberty. If you havv not already gone to the ]"dice ire

today. Give them all the inf>>rrnation you possess. If there is ground for it, they will prosecute. If they are in doubt as to whether there a prima facie exists they will consult with tlvCrown Solicitor, and in that case only can I take any action. We, as Ministers of the Crown, must administer the lav.' as it is. and not make- it to suit particular oases. This r- my may :m: scorn satisfactory, it is the best that I ran give you. " Further consideration is to bo given ■ to ti'.-; matter i. y thos'; interested.