New Inquest Nat Impossible

NZ Truth, Issue 1239, 29 August 1929, Page 7

New Inquest Nat Impossible

The Minister of Justice merely folds a mantle of fog around the acute question of Elsie Walker's death, when he says he lacks statutory power to order the proceedings to be reopened. What he rather subtly forbore to say iri the House on Tuesday afternoon was that the case may be re Jieard on another application.

MR. J. S. FLETCHER, member for' Grey Dynn, asked Mr. Wilford Avhether he Avas prepared to niake a statement as to his intentions m the matter of ordering the original inquest proceedings to be reopened, but the Minister of s Justice embarked on. a vocal voyage of generality that does not set out the position fully. "N.Z. Truth" consulted an eminent legal authority, and his pronouncement on the situation Is entirely at variance Avith the Minister's opinion. In the leader column of this week's issue of "Truth" is a sentence which fairly outlines the v , situation. It reads: "It seems eminently logical to say that the new evidence now available warrants a Supreme Court order for a fresh inquiry into the Elsie Walker tragedy!" The opinion quoted.is exactly parallel with the vieAvs expressed by counsel intervieAved a fe.Av minutes after Mr. Wilford made his someAvhat extraordinary statement m the House. The Minister said: "There is no poAyer to reopen an inquest m New Zealand. ■"'.■. "It is true that the Supreme Court has power by Avay of certiorari to quash an inquisition and reopen an inquest, but the right of the Supreme Court to take such proceedings is limited to tne question, of Avhere an inquest has been carried on/illegaliy, or Avhere something illegal has happened. "In the Old Country, it .is not so.

There is statutory laAV Avhereby the High Court of Justice, has the right of reopening an inquest at any time if it is considered to be m the interests of justice' to do so, but Aye have no such laAv m this Country. . . -." Undoubtedly, : this question of Mr. Fletcher's, and the very unsatisfactory reply of the Minister, arose from the letter which Messrs. Potts and Hodgson, solicitors of Opotiki, avlio represent Elsie Walker's father .m this unfortunate affair, sent to the AttorneyGeneral. "Dear. Sir (read tho letter), — "We need not enlarge on Mr. Walker's feelings. His daughter . died under most tragic circumstances, but the recent publication of correspondence betAA-een Mrs. Thomason and Mrs. Bayley has put an entirely neAV complexion on the matter, and Mr. Walker considers that now. a lead has been given, others m Te Puke Avill not he so reluctant to come fonvard. "We believe this correspondence has been m the hands of the police for two months, and thoy have no doubt been pursuing the matter. "The girl's father thinks there, is now an opportunity for the matter to be cleared up/ once arid for all, and he earnestly asks you that you give v the matter your in ost careful ' consideration and order a reopening of the inquiry." The Elsie Walker proceedings should be reviA'ed, for the reasons outlined above, and because ' Mr.-. Wilford 'has not satisfactorily- demonstrated any cogent arguments to the contrary.