Friday 10 May 2002
Police Minister George Hawkins and the Prime Minister should immediately repudiate Al Morrison's claim on National
Radio today that the police will suffer "repercussions" for pursuing an enquiry into Helen Clark's art forgery says
ACT's Justice spokesman Stephen Franks.
"In an interview with Geoff Robinson today Al Morrison described police conduct as `bad process' a `stuff up', and said
the Government was threatening to take the police to court. He said it was a breach of natural justice because the
police had been enquiring without informing the Prime Minister or the Minister of Police.
"Sir Robert Peele established the police as an agency with statutory duties under constitutional protection from
political direction. One sound reason was for cases such as this.
"A senior politician suspected of crime must be investigated fully, fearlessly, and without favour. There is nothing
more corrosive of public morality or private trust in government and the rule of law than a belief that pulling
political strings or threatening political reprisals can let big fish get away with offences for which little fish could
be hounded.
"There are many more serious frauds and other crimes going inadequately investigated because the police have not enough
resources. Our law and the courts let criminals simply recycle themselves. But official or politician's `crime' must
always be investigated, to preserve our culture of non-corruption.
"The police are applying precisely the right priority in taking the complaint seriously. They have to make sure that
the rule of law prevails. A court can decide the offence is trivial, but there should be no suggestion that the police
must discretely drop or overlook a complaint simply because of the status and power of the alleged offender.
"Al Morrison talked darkly about not notifying the suspect. Where the suspect may impede the investigation or threaten
the police, or threaten others in a way that might make them unwilling to tell the truth or co-operate in the
investigation, the police should conduct investigations discretely. From Mr Morrison's account the Prime Minister does
now intend to threaten the Police, so their discretion was justified.
"Police should also investigate discreetly where they might find there is no foundation to the complaint. That helps
avoid unfair and unmerited publicity. A discreet enquiry can be discontinued without embarrassment.
"The Dover Samuels case showed what happened when the Prime Minister was given early warning of a possible
investigation. Richard Prebble wrote with my concurrence to the Prime Minister. He urged her to conduct a confidential
enquiry. We didn't tell anyone including our own caucus colleagues. But the Prime Minister circulated our letter as a
tactic to discredit Mr Samuels, and as a foundation for a false allegation of muck raking against ACT.
"I believe the police have been wise and proper in their approach to this.
"The incidents may be trivial in themselves but the rule of law and the finest traditions of an independent police
require nothing less than what the police have done," Stephen Franks said.
Ends