[Wednesday. 21 October. 1964.1 141743

Progress page Progress reported and leave given to sit QUESTIONS ON NOTICE--coaiinsed again, on motion by The Hon. L. A. Logan Drudge "Sir James Mitchell "- (Minister for Local Government). Future Job .. . 0.147 Period of Lay-off and Crew'ihid Off 1747 adjourned at 10.58 p.m. Education- House Bellevue State School :Provision of Staff Room...... -.. 1752 Hi1gh Schools : Ground Improvements 1747 Kindergartens :Government Subsidy for New Buildings .. ...1746 Muresk Agricultural College- Canteen : Sale of Cigarettes and Tobacco...... 1752 Expulsion of Students:, Reasons.... 1752 Iti1rnidiativc Nm'eniblg Southern Cross State School : Tend- Wednesday, the 21st October, 1964 ens and Date of Completion .... 1744 Fertiliser- CONTENTS Fertilisers and Insecticides : Govern- Page ment Control over Aerial Spraying 1750 CAPITAL PUNISHMENT- Potash from Chandler- "Four Corners"1 Presentation of Eric Tonnage Recovered and Treated, Edgar Cooke Case ... .. 1762 and Market Value .. ...1744 Treatment Plant...... 1744 CLOSING DAYS OF SESSION- Superphosphate Works at Esperanee-- Standing Orders Suspension...... 1755 Establishment Cost and Capacity .... 1751 Financial Arrangements for Estab- BILLS- lishment ...... 1751 Bibra Lake-Arinadale Railway Discon- Flour : Purchases by Government Institu- tinuance and Land Revesiment Bill- tIons--Quantity and Suppliers ...... 1747 Returned ...... 1754 Clean Air Bill-Returned 1754 Health- Country Towns Sewerage Act Amendment Dental Treatment:- Facilities f or Bill-3r...... 1756 Juveniles at Fremantle ...... 1745 Electoral Act Amendment Dill-3r....1756 "P11l, The" :Availability and Cost 1745 Fremantle Harbour Trust Act Amendment Toilet Facilities- Bill-Returned ...... 1754 Availability at Surgeries ... 11749 Licensing Act Amendment Bill- Suburban Stations : Closure- Intro ; Ir ...... 1755 Health Department's Approval Real Property (Foreign Governments) and Alternative Facilities .... 1752 Act Amendment Bill- Inconvenience to Passengers 1752 Intro. ; Ir...... 1755 lire-purchase Payments :Issuance of Rights in Water and irrigation Act Amend- Receipts...... 1749 ment DUI1-Raturned...... 1754 imprisonment for Life ,Maximum and Supreme Court Act Amendment Bil-Sr. 1756 Minimum Terms...... 1740 Water Boards Act Amendment Bill- Insurance against Disasters : Scheme for Returned ...., ...... 1754 Submission to Commonwealth ...... 1749 Poisonings : Number and Type from 1961 ERIC EDGAR COOKE- to 1964...... 1749 Alleged Offences ...... 1764 Police Station at Albany : Erection on Mew Site, Completion Date, and Cost .... 1750 GOVERNMENT BUSINESS- Railways- Precedence ...... 1755 Crossings at Bellevue : Provision of ...1752 LEAVE OF ABSENCE .... 1755 Overhead Bridge or Subways Dividing Fences on Railway Property: MOTIONS- Responsibility for Cost of Repairs 1750 Electricity for Country Districts : Subsidies Protection of Railway Property ...1752 Standard Gauge Railway- for Generation and Distribution .... 1756 Darryl Beamish : New Trial, and Defer- Merredin .Vehicular and Passenger ment of Eric Edgar Cooke's Execution- Crossings . ... 1745 Motion .. .. 16 Route-- Proximity to Southern Cross, etc. 1744 Defeated...... 1798 Proximity to No. 5 Pumping QUESTIONS ON NOTICE- Station 1744 Station at Darkan . "instali'ation 'of Bridges- 3-ton Crane ...... 1749 Arthur River :Provision of New Bridge...... 1748 Skeleton Weed : Location of Latest Out- Beaufort River Bridge : Widening 1748 break...-...... v175 Dancing Schools and Ballet Companies- Timber for Bridge at St. John's Brook, "Peculiar Difficulties " : Professor Nannup : Right of Removal from Private Alexander's Reference...... 1751 Property...... 1745 1744 -(ASSEMBLY.]

CONTENTS-eonved SOUTHERN CROSS STATE SCHOOL QIUTIONS ON NOflCE-conlinued Page Tenders and Date of Completion Traffic- 2. Mr. KELLY asked the Minister for Lights :Walcott Street-Lord Street Education: Intersection ...- 1745 Mt. Lawley Subway Are Traffic- (1) Have tenders yet been called for Property Resumptions for Additional the work to be carried out at the lanes ...... 1746 Southern Cross State School? Relief of Congestion ... 1748 (2) Will the proposed additions be Unemployment- sufficiently extensive to raise Figures : Analysis ...... 1748 this school to junior high Figures from 1955 to 1964 .. ...1750 standard? Natives Included .. . .. 1748 (3) If tenders have not yet been ad- Water Supplles-Rletleulation for North- vertised, when will they be called? cliffe : Sume Allocated and Commence- (4) When is it anticipated that the ment of Work...... 1748 work will be completed and the QUESTIONS WITHOUT NOTICE- rooms ready for occupation? Dearaisl, Darryl- (5) Will this date coincide with the Appeal-Claim by Eric Edgar Cooks raising of the school status? Medical Report ...... 1753 Bus Stand in Mt. Lawley-Reslfta: Mr. LEWIS replied: Tabling of Papers ...... 1754 (1) NO. Dancing Schools and Ballet Companies- (2) Yes. "Peculiar Difficutes ": Professor (3) Unknown at present, but prob- Alexander's Reference ...... 1754 ably during the first school term Eric Edgar Cooke~-75 in 1965. Alleged Offences .. ...1764 (4) Probably towards the end of the Requests for Psychiatric Examination: second term. Tabling of Papers ...... 1753 Toilets at Suburban Stations : Closure- (5) The school becomes a junior high Arrangements for Staff ...... 1754 school from the beginning of 1965. Whim Creek Copper Mining: Answers to Questions Tabled...... 1753 POTASH FROM CHANDLER Tonnage Recovered and Treated, and 'The SPEAKER (Mr. Hearman) took the Market Value Chair at 4.30 p.m. and read prayers. 3. Mr. KEILLY asked the Minister rep- Presenting the Minister for Mines: QUESTIONS ON NOTICE (1) How many tons of potash were STANDARD GAUGE RAILWAY recovered from the Chandler ROUTE workings? Proximity to Southern Cross, etc. (2) What was the total tonnage of 1.Mr. KELLY asked the Minister for raw material treated? Railways: (3) What recovery percentage did this (1) Can he indicate the intended represent? route of the standard gauge rail (4) What was the market value at in- time of production? (a) its approach to Southern Treatment Plant Cross from Koolyanobbing: (5) What type of treatment plant was (b)iIts proximity to the existing used? station and marshalling yards (6) Was this a modern recovery unit? at Southern Cross: (7) What potash recovery process is ic) its course af ter passing currently in use in other countries through Southern Cross and where supplies are obtained for its siting at Moorine Rock, the Western Australian market? Noongaar, Boddalin, Wal- goolan. Burracoppin? (8) How long was the Chandler plant in operation? Proximity to No. 5 Pumping Station Mr. BOVELL replied: (2) Will the standard gauge rail Pass (1) 9,073.05 tons. adjacent to No. 5 pumping (2) 182,629.60 tons. station? (3) 4.91 per cent. Mr. COURT replied: (4) £215,669.72. (1) Location of route is still subject (5) A rotary kiln for calcinating the to Commonwealth approval. raw material at 800-Cc. A rotary (2) The intended route will Pass ap- cooler/air preheater for cooling proximately one mile west of No. the kiln discharge. Continuous 5 pumping station. leaching machines. air blown [Wednesday, 21 October. 1964.] 1'745

crystallisers and centrifuges for at the Perth Dental Hospital in the final production of potassium the interests of efficiency, econ- sulphate in the form of glasserite. omy, and specialisation; and so (6) Yes, but technological advances far as transport is concerned it have been made since that time. is necessary for Patients to make their own arrangements regarding ('7) Not known to the department. it, and this applies to all those (8) From January, 1944 to February, attending the clinics. I will how- 1950. ever, make inquiries and advise STANDARD GAUGE RAILWAY AT the honourable member further. M ERR ED IN Vehicular and Passenger Crossings "THE PILL" 4. Mr. KELLY asked the Minister for Availability and Cost Railways: (1) Has a firm decision been reached 6. Mr. FLETCHER asked the Minister in connection with vehicular and for Health: Passenger crossings over the (1) Is it a fact that patients with standard gauge rail through large families have to obtain "the Merredin townsite? Pill" where prescribed at King Edward Memorial Hospital rather (2) If so, where will these be sited? than at the ante-natal clinic. (3) Will the vehicular crossings be Fr'emantle? boom controlled or flashing lights? (2) If so. will he intervene to ensure (4) What form of passenger overways that "the Pills" are available at will be used? this and other suburban and Mr. COURT replied: country clinics or government (1) No. hospitals with a view to obviating travelling expense. Inconvenience, (2) Answered by (1). and wear and tear on mothers (3) Any level crossings in the town- with many small children? ship will be Protected by either (3) What flashing lights or boom gates. is- (a) the wholesale price of "the (4) Present indications are that Pill"; pedestrian overway will be by footbridge. (b) the retail price of "the Pill"? Mr. ROSS HUTCHINSON replied: DENTAL TREATMENT (1) "The Pill" may be prescribed Facilities for Juvnile~s at Fremantle either at the King Edward Hos- 5. Mr. FLET'CHER asked the Minister pital clinic or at the Fremantle for Health: clinic. (1) Is he aware that juvenile Fre- (2) The pill may be Prescribed by the mantle Patients requiring general Patient's doctor anywhere. anaesthetic for dental treatment (3) Wholesale 10s. 5d.; Retail 15s. 8d. are referred to Perth Dental Hospital? TRAFFIC LIGHTS (2) Will he have the appropriate department provide the necessary Walcott Street-Lord Street Intersection facilities at Fremantle clinic with a view to saving inconvenience 7A. Mr. OLDFIELD asked the Minister for and taxi fare expense associated Transport: with transport of a child in post (1) When did work commence on the operative condition? installation of traffic lights at the (3) In the interim, will he have the Walcott Street-Lord Street inter- Perth Hospital almioner depart- section? ment or other transport made (2) How long is it since any work was available to transport such done? patients to their homes? (3) What Is the cause of the delay in Mr. ROSS HUTCHINSON replied:. the completion of this undertak- (1) Patients from all the Perth ing? Dental Hospital metropolitan (4) When is it anticipated that these clinics who require treatment lights will be functioning? under a general anaesthetic are referred to. and treated at, the Mr. CRAIG replied: Perth Dental Hospital. 1) September 1963. (2) and (3) The specialist services 2) Civil engineering work was com- involved, including equipment and pleted about the first week of this staff-i.e., the surgeon, anaes- month (October). Electrical work thetist and nurse-are centralised is now in hand. [ ASSEMBLY.]

(3) The difficulty encountered by the IMPRISONMENT FOR LIFE Perth City Council in obtaining Maximum and Minimum Terms permission from the owner of a shop to cut back his cantilevered 9. Mr. W, A. MLANNING asked the Min- awning. This prevented comple- ister representing the Minister for Jus- tion of the road alterations until tice: this month. (1) When sentence is passed of "im- (4) In about another two weeks. prisonment for life," what are the maximum and minimum terms MT. LAWLEY SUBWAY AREA which can be served? TRAFFIC (2) Is there any other sentence which would detain a Prisoner for longer Property Resumptions for Additional periods? Lanes Mr. COURT replied: 7BD. Mr. OLDFTELD asked the Minister for (1) The maximum term which can be Transport: served is life, Except in the ease of murder, by the exercise of the U1) (a) Is it proposed to resume any prerogative of mercy the term properties adjacent to the Mt. can be reduced to any term of Lawley subway to create ad- imprisonment less than life im- ditional traffic lanes; prisonment. In the case of mur- (b) If not, why not? der, the minimum term, except Relief of Congestion for the stated exceptions in sec- tion 706A of the Criminal Code, <2) What proposals are there, if any, is 15 years. for relieving the traffic Congestion in the Walcott Street-Lord Street, (2) No. Guildford Road and subway area? UNEMPLOYMENT FIGURES Analysis Mr. CRAIG replied: 10. Mr. W. A. MANNING asked the (1) (a) Not at present. Premier: (b) Proposals of this nature can- (1) Could he provide an analysis of not be developed until firm proposals are put forward for the recent unemployment figures reconstruction of the subway quoting such items as- which is bound up with the (a) ages; standard gauge railway pro- (b) sex: posals. (c) occupations: (2) Answered by (1) (b). (d) handicapped persons: KINDERGARTENS (e) district of residence? Natives Included Government Subsidy for New (2) How many natives would be Buildings included in the figures quoted in 8. Mr. GRAHAM asked the Premier: each category? (1) A fortnight having elapsed since (3) How many natives are drawing giving an undertaking that an unemployment benefits? early announcement of the Gov- Mr. BRAND replied: errinent's decision would be made (1) From information available, an in respect of subsidies for the analysis of the unemployment building of kindergartens in view figures at the 2nd October shows: of the Shire of Perth's 14 months' (a) and (b) persons registered for wait for a decision, is the Govern- employment:- mnent yet in a Position to supply particulars? Males over 21 .... 1,957 Males under 21 .... 364 (2) If not, when is it anticipated this Females over 21 .... 819 will be done? Females under 21 826 Mr. BRAND replied:- Total...... 3,966 (1) and (2) On the 13th October the Kindergarten Union was advised (c) Occupation:, Mlnle.4 Female; that the special grant has been Rural...... 2 raised from £3,000 to £4,500. Of Professlonal, seml-feoelinlfI, come- mercial, clerical, and adminis- this figure £3,000 is for assistance trative...... 1 W 543 in erecting nevi kindergarten Skilled building and construtLin 538 .. buildings. The maximum sum Skilled metal and clectrlrsl . 05 Other skilled and semiskilled manjual 645 248 of £500 to any one kindergarten Unskilled mannal...... SOS 3 has not been altered. The honour- All other ocupatlona 323 551 able member and the Perth Shire Council are being advised by 2,321L 1,045 letter of the full details. [Wednesday, 21 October, 1964.) 1747

(d) Total registrations for em- HIGH SCHOOLS ployment include 515 male Ground Improvements and 71 female physically 12. Mr. TONKIN asked the Minister for handicapped Persons. Education: (e) Registrations for employ- (1) With the establishment of each ment are recorded for the new five-year high school in the District Employment Office metropolitan area, what ground where the registration is improvements are provided as made, and not according to standard equipment? the district of residence of (2) What variation in ground im- the applicant. It may be provemnents is applied to new assumed however that in most three-Year high schools in the cases Persons seeking employ- metropolitan area compared with ment would register with the five-year high schools? nearest employment office. Details available are:- (3) What ground improvements are provided for new country five-year District Persons and three-year high schools res- registered pectively? Metropolitan .... 3,305 (4) Which metropolitan and country Albany .. .. 70 high schools already established Bunbury ..... 285 with ground Geraldton ... 105 are under-equipped Kalgoorlie ... 100 improvements according to pre- Northam ..... 101 sent standards? Mr. LEWIS replied: 3,966 (1) Football oval; hockey field; tennis (2) and (3) Unemployment statistics courts; basketball courts. do not segregate particulars for natives. (2) No variation, as three-year high schools in the metropolitan area tend to develop into five-year high DREDGE "SIR JAMES MITCHELL" schools. Period of Lay-off and Crew Paid!Off (3) Similar to above, provided water is 11. Mr. TONKIN asked the Minister for available. Works: (4) Facilities are not fully up to (1) For what length of time is it standard at the following high expected that the suction dredge schools:- "Sir James Mitchell" will be laid Albany up? Bunbury (2) How many men are being Paid off Collie because the vessel is going on the slipway? Eastern Goldfields Future Job Governor Stirling Merredin (3) In connection with what specific Job is it intended to use the dredge Bridgetown when she re-enters the water from Churchlands the slipway? Eastern Hills Mr. WILD replied: Kalamunda Mt. Barker. (1) Unknown. (2) Five men are being paid off on the FLOUR: PURCHASES BY GOVERN- 23rd October, 1964, and a further MENT INSTITUTIONS six on a date to be determined. (3) At this stage, no suitable work is Quantity and Supliers offering following slipping, survey, 13. Mr. TONKIN asked the Treasurer: and overhaul. (1) For the financial year ended the I would inform the honourable 30th June last, what was the total member I had hoped to have a quantity of flour purchased by the Government to meet the require- discussion with the director this morning on the possibility of ments of government institutions? future work for this dredge, but (2) Who were the suppliers and what either he or I was too busy at the quantity of flour was supplied by one time and no opportunity each, respectively? Presented itself. Tomorrow I will ascertain what the position Is. Mr. BRANT replied: (1) Figures are not available to in- Mr. Hawke: More cobwebs. dicate quantities of flour pur- Mr. Brand: On the dredge. chased by all institutions. In 1748 [ASSEMBLY.]

some cases direct orders at con- notice Published in the Govern- tract rate are placed and in ment Gazette on the 20th June. others, requisitions are submitted 1930 the department was given through the Government Stores. the necessary authority to act on (2) There were three suppliers in behalf of the Crown. 1963-64, but quantities supplied by each are not available. The sup- RETICULATION FOR NORTHCLIFFE pliers were:- For the period 1/7/63 to Sum Allocated and Commencement of 31/3/64-Anchor Products Work (W.A.) Pty. Ltd. and Great 15. Mr. ROWBERRY asked the Minister Southern Flour Mills Ltd. for Water Supplies: For the period 1/4/64 to (1) What Sum has been allocated for 30/6/64-Aero Flour Pty. Ltd. the provision of a reticulated water scheme for the town of TIMBER FOR BRIDGE AT ST. JOHN'S Northcliffe in the 1964-65 Esti- BROOK, NANNUP mates? Right of Removal from Private (2) When will this work be com- Property menced? 14. Mr. ROWBERRY asked the Minister Mr. WILD replied: for Works: (1) Under what authority did the (1) £30,000. Main Roads Department serve (2) February, 1965. notice of entry upon Mr. and Mrs. Savage of St. John's Brook, Nan- BRIDGES nup, on the 2nd April, 1964, for the purpose of obtaining timber for Beau fort River Bridge: Widening bridge building? 16. Mr. H. MAY asked the Minister for (2) Will he cite the section of the Works: Main Roads Act which gives this (1) Has provision been made in the authority? 1964-65 Estimates for the widen- ing of the Beaufort River Bridge Mr. WILD replied: near Bokal and also, are the (1) The authority of the Main Roads approaches to this bridge to be Department to enter upon the brought up to the required land owned by Mr. and Mrs. standard? Savage to remove timber for Arthur River: Provision of New bridge building is derived from a reservation contained in the Bridge original Crown grant of the land. (2) With regard to the bridge over This reservation reads- the Arthur River, has provision "AND PROVIDED, ALSO, that been made in the Estimates for it shall be lawful at all times a new bridge to be erected for the for Us. Our Heirs and Succes- 1964-65 year? sors, or for any person or per- (3) If provision has been made for sons acting in that behalf, by the work connected with the Our or their authority, to cut aforementioned bridges, when is and take away any such indi- the work likely to be commenced genous timber, and to search and the estimated date of same and dig for and carry away any being finished? stones or other materials which may be required for making or Mr. WILD replied: keeping in repair any roads, (1) No. Consideration will be given tramways, railways, railway to the provision of the necessary stations, bridges, canals, towing funds in the 1965-66 programme paths, harbour works, break- of works to reconstruct this waters, river improvements, bridge. drainage or irrigation works To widen the bridge would be and generally for any other uneconomical. works or Purposes of public use, utility or convenience, without (2) £9,006 has been provided on the making to the said Grantee, or department's current programme any person claiming under him. of works for a new bridge over any compensation in respect the Arthur River and it is ex- thereof." pected that construction will be started early in the New Year. <2) This authority is not derived from the Main Roads Act, but is con- The work will take three to four tained in the original Crown months to complete. grant as referred to above. By (3) Answered by (1) and (2). [Wednesday, 21 October, 1964.1 174914

RAILWAY STATION AT DARKAN The attached table shows the poisoning cases admitted to Fre- Installation of 3-ton Crane mantle, Princess Margaret, and Royal Perth Hospitals in the years 17, Mr. H. MAY asked the Minister for 1961, 1962, and 1963. Railways: crane for the Poisoning by- 1961 1982 1963 (1) Has the 3-ton Morphbine end other opium denyv- Darkan railway station been In- at~vea...... -1 2 5 stalled as promised by the Secre- Dabittionlo acid and derivatives .... 66 39 26 Aspirin ad saicyistes...... 19 7 tary for Railways in his letter Bromides...... 5 1 2 dated the 27th November. 19653? Other analgesic and soporific drugs 18 24 18 Stzychrlae ...... 1 1 1 (2) If not, why not? Beiladdonna, hyoscina and atro- in 1e...... ia 4 Mr. COURT replied: Ot=er nd u nspecifed chugs .. 18 11 9 (1) No. Noxious foodstnfh .. .. 1 4 1 Alcohol ...... 8 5 2 crane can only be Petroleum products...... go 99 98 (2) The proposed Industrial soivents 13 42 15 installed after release from an- Corrosive aromatics. acids and other locality where a 3-ton crane caustic alkalis...... ,...is is 13 Mercury and it6 compounds 22 . is being replaced by a crane of Lad and its compounds ... 1 1 1 greater capacity. The crane will Arsenic and antimony, and their be installed as soon as practicable. clompounds...... 1 2 1 fuorides...... 2 1 I will endeavour to obtain a more Other and unspecified solid and specific estimate of the date. liquid substanes 48 93 46 18. and 19. These questions were postponed. Totals ... 294 54 245

HIRE-PURCHASE PAYMENTS INSURANCE AGAINST DISASTERS Scheme for Submission to Issuance of Receipts Commonwealth 20. Mr. GRAHAM asked the Minister 22. Mr, HALL asked the Premier: representing the Minister for Justice: (1) Has the Government given con- (1) Where a person (being a pen- sideration to formulating and pre- sioner) is making payments by paring a comprehensive plan for postal note either to a hirer or aLnational insurance scheme to be a debt collecting agency in placed before the Commonwealth respect of hire-purchase instal- Government with a view to easing ments, can such firms rightfully the plight of persons affected by insist that a stamped addressed floods, fire, famine, drought, and envelope should be enclosed for national disaster? the return of a receipt? (2) If not, will he undertake to inves- (2) If not, what redress has such a tigate the possibilities of such a Person who desires receipts as scheme either on a contributory payments are made? basis or from taxation revenue and place such findings before the Mr. COURT replied: Commonwealth Government with (1) and (2). No; but although it is a view to adoption and implemen- an offence under the Stamp Act tation? not to give or tender a stamped Mr. receipt for any payment over £5, BRAND replied: there is no obligation on the re- (1) and(2) The creation of a fund of ceiver to Post the receipt to the this nature has received consider- payer. ation from time to time by various Australian Governments and has been considered on at least two POISONINGS occasions by the Premiers' con- Number anaIType from 1961 to 1964 ference. mhere are very considerable prac- 21. Mr. HALL asked the Minister for tical difficulties in formulating an Health: acceptable scheme. Relative to the Poisons Bill now before the House. what number of TOILET FACILITIES cases were reported, and discov- Availability at Surgeries ered, by the Public Health Depart- ment for the following years and 23. Mr. HALL asked the Minister for the respective type of poisoning Health: each case:- (1) Is it the responsibility of doctors 1961-62, 1962-63, 1963-64? practising in the city and country centres to make provision for Mr. ROSS HUTCHINSON replied: toilet facilities at their surgeries Accidental Poisoning is not a noti- and consulting rooms for the use flable disease. of patients? 1750 1'Z50[ASSEMBLY.]

(2) If not, would he undertake to dis- renewing, does the Railways De- cuss this matter with the medical partment bear half cost of repairs fraternity with a view to having or replacement with the farmer? the amenity made available to patients? (2) If not, why not? Mr. ROSS HUTCHINSON replied: Mr. COURT replied: (1) and (2) There is no legal respon- sibility for doctors to provide (1) No. Section 4 of the Dividing toilet facilities for patients at Fences Act, 1961 (Act No, 44 of surgeries, but the medical profes- 1961) does not bind the Crown to sion has agreed that these facili- contribute half cast of dividing ties are made available where fences. necessary. If the honourable member has any cases which he considers have POLICE STATION AT ALBANY special circumstances I suggest he Erection on New Site, Completion Date, let me have details for Investiga- and Cost tion. 24. Mr. HALL asked the Minister for (2) Answered by (1). Police:. As the building of a new police station at Albany was agreed to SKELETON WEED in last year's Estimates, and was Location of Latest Outbreak deferred at request as to the suitability of the proposed site. can he advise if he has agreed 27. Mr. GAYFER asked the Minister for to a new site far the erection of Agriculture: the new police station, and when (1) Did he notice in The West Aus- is it anticipated that it will be tralian of Tuesday, the 13th Octo- built and at what cost? ber, under the heading of "Better Mr. BOVELL (for Mr. Craig) replied: Year Likely for Wheat Farmers" The matter of a suitable site is the section which stated: "Added still uider negotiation. When a to this, the announcement of a decision has been reached con- new skeleton weed outbreak in the sideration will be given to the wheatbelt has caused apprehen- estimated cost and commencing sion among growers"? date of the new building. (2) Would he inform the House where this latest outbreak of skeleton FERTIjLISERS AND INSECTICIDES weed is? Government Control over Aerial Spraying Mr. NALDER replied: 25. Mr. DAVIES asked the minister for Agriculture: (1) Yes. What control does the Govern- (2) Only one occurrence of skeleton ment have over aerial top dress- weed has been found in the lug and aerial spraying and the wheatbelt. A few additional use of fertilisers and sprays (in- plants located on the fringe of secticides, etc.) applied by this the original infestation at Ballidu method? have been treated. Mr. NALDER replied: The State Government has no UNEMPLOYMENT control over aerial top dressing. Aerial spraying with specified Figures from 1955 to 1964 chemical weed killers can be pro- hibited in any area by the Noxious 28. Mr. WUALAMS asked the Premier: Weeds Act Regulations. (1) What was the total number of un- Uniform legislation by the States employed as at the 1st November in relation to aerial agriculture is for the years 1955 to 1964 in- contemplated. clusive? DIVIDING FENCES ON RAILWAY (2) What percentage of the work PROPERTY force was unemployed at the 1st Responsibility for Cost of Repairs November between the years 1955 26. Mr. GAYFER asked the Minister for to 1964 inclusive? Railways: (3) What were the numbers in the (1) Where a farmer adjoins a railway work force at the 1st November water catchment reserve and the between the years 1955 to 1964 common boundary fence requires inclusive? [Wednesday. 21 October. 1984.1 175175

Mr. BRAND replied: SUPERPHOSPHATE WORKS AT (1) 1st November- ESPERANCE 1955 .. 2,035 Establishment Cost ancl Capacity 1956 4,084 30. Mr. CORNELL asked the Minister for 1957 ... .. 4,590 Industrial Development: 1958 5,836 Regarding the -superphosphate 1959 ... .. 4,828 works at Esperanee- 1960 ... .. 3,273 (1) What was the establishment 1981 ... .. 5,187 1962 ... .. 4,462 cost? 1963 ... .. 4,674 (2) What is the capacity? 30th September 1964 3,966 Financial Arrangements for Establishment (2) No percentage figures were kept prior to the 1st November 1960. (3) What were the financial ar- Figures for the following years are rangements in respect of the as under:- costs of establishment and In 1st November- particular what finance was provided by- 2960 .. ... 1.2 (a) the proprietor company; 1961 .. ... 1.8 (b) Government loan; 1982 .... . 1.5 (c) Government guarantee? 1963 ... 1.6 (4) Did the Government ap- 30th September 1964 1.3 proach the company to estab- (3) No records were kept prior to the lish the works or was the pro- 1st November 1960 and hereunder posal first mooted by the com- are the estimated figures- pany? 1st November- (5) Were any other f ertiliser companies approached re- 1960 .272.750 1981 ... .. 287.784 garding a works at Esper- 1982 .... 297.466 ance? 1963 . .. 292,125 Mr. COURT replied: 30th September 1964 305.076 (1) Estimated at £1,350,000. (2) 80,000 tons per annum. DANCING SCHOOLS AND BALLET (3) Of the total establishment costs COMPANIES finance was provided as follows:- (a) £675,000 by the Esperance "Peculiar Difficulties": Professor Fertilisers Pty. Ltd. Alexander's Reference (b) and (c) No new or ad- 29. Mr. CORNELL asked the Premier: ditional guarantees or ad- vances are involved. The (1) is he aware that in a letter dated State agreed to transfer bank the 9th January, 1964, addressed guarantees from the Albany to him, Professor Alexander (as Superphosphate Co. fly. Ltd. Director and W.A. Representative, to Esperance Fertilisers Pty. Elizabethan Theatre Trust) said: Ltd. The Albany company "You are, however, I believe, repaid loans amounting to aware that there are peculiar £675,000 made under existing difficulties in the local set-up in bank guarantees and these respect to dancing schools and have been made available to ballet companies. Very great care the Esperance company. and some skilled negotiation will The State provided a water be needed to overcome these diffi- service to the boundary of the culties"? company land and met half (2) What are the "Peculiar diffi- the cost of levelling the site. culties"'. referred to by Professor (4) The Government had been in Alexander? touch continuously with local (3) Whence are the "very great superphosphate manufacturers in care and skilled negotiation" that the matter of their capacity to will be needed to overcome these meet growing future demands difficulties expected to emanate? throughout the State. The ac- celerated development taking Mr. BRAND replied: place at Esperance led to dis- (1) to (3) As the statement referred cussion of the Supply to that to in question (1) was made by region and consequently a pro- Professor Alexander, he is obvi- posal was received from Cumning ously the appropriate person to Smith & Mount Lyell Farmers elaborate on it. I therefore sug- Fertilisers Ltd. and Cresco Fertil- gest that the honourable member isers (W.A.) Ltd. for the estab- contact the Professor with a view lishment of Esperance Fertilisers to obtaining his comments. Pty. Ltd. [ASSEMBLY.]

(5) Superphosphate manufacturers (3) Patrols are carried out by the outside the State were not ap- Police Department and by mem- proached. bers of the railways investigation staff . TOILETS AT SUBURBAN STATiONS: CLOSURE RAILWAY CROSSINGS AT BELLEVUJE Health Department's Approval and Provision of Overhead Bridge or Alternative Facilities Subways 31. Mr. BRADY asked the Minister for 33. Mr. BRADY asked the Minister for Health: Railways: (1) Was the Health Department con- (1) Is any provision being made at sulted in regard to the closure of Bellevue for protection of school public conveniences at suburban children and adults crossing rail- stations as reported in The West ways apart from those referred to Australian, Tuesday, the 20th in answers to previous questions? October? Q21 Is it not reasonable to replace the (2) Does the department approve of overhead bridge removed or build closure of the conveniences as subways instead of endangering foreshadowed? lives by pedestrians crossing the (3) Is the department taking any line at level crossings? action to see that the local gov- Mr. COURT replied: ernment or the State Health De- (1.) The standard type pedestrian partment has alternative con- crossing will be provided. veniences available for the gen - (2) The lives of pedestrians will not eral public? be endangered if normal and Mr. ROSS HUTCHINSON replied: reasonable care is exercised when (1) No. making a crossing. (2) This will depend on the indi- vidual circumstances appertain- BELLEVUE STATE SCHOOL ing to each station. In general, Provision of Staff Room no toilet is better than a toilet 34. Mr. BRADY asked the Minister for that is not supervised. Education: (3) This Is primarily the responsi- (1) When improvements to Bellevue bility, of the local government State School are made in the next authority, which determines prior- few months, will a staff room be ities in this as well as other provided as promised? matters. (2) Is he aware the staff never have Inconvenience to Passengers had a staff room? 32. Mr. BRADY asked the Minister for Mr. LEWIS replied: Railways: (1) A separate staff room will be pro- (1) Does the Railways Department vided when the next additions are intend to carry out decision to made to the school, but thes are close public conveniences at sub- not planned for the near future. urban stations? (2) A roomn 15 ft. % 10 ft. serves the (2) Is he aware the lack of conven- dual purpose of headmaster's iences at a number of stations is office and staff room. already causing grave inconven- ience to several classes of rail MURESK AGRICULTURAL COLLEGE passengers? Protection of Railway Property Canteen: Sale of Cigarettes and Tobacco (3) What system of protection is in 35. Mr. JAMIESON asked the Minister operation to protect railway pro- for Agriculture: perty generally? 11) As smoking by students under the Mr. COURT replied:. age of 18 years is a breach of (1D Yes. Muresk Agricultural College rules. why is no action taken by the (2) No. The cost of maintaining principal of the college to prevent these facilities and the problems the sale of cigarettes and tobacco of vandalism are increasing, and from the canteen to persons under it is not felt that the Railways the age of 18? Department should be responsible for providing this facility at other Expulsion of Students: Reasons than main centres, i.e., Fremantle, (2) What would be improper in Perth, and Midland. Other met- making public the reasons stu- ropolitan transport services do dents had been expelled at not provide these facilities for Muresk, provided no names were their patrons. mentioned? [Wednesday. 21 October, 1964.] 1753

Mr. NALDER replied: DARRYL BEAMISH APPEAL Q1) Staff in charge of the tuckshop Claim by Eric Edgar Cooke: Medical are instructed not to sell cigar- Report ettes and tobacco to students un- der the age of 18. An -age list 3. Mr. HAWKE asked the Premier: is posted on the college notice board. (1) Did any officer of the Crown Law Department this year obtain (2) The adverse effect on those con- advice from a doctor or doctors cerned due to the possibility that regarding the claim by Eric Edgar they could be identified. Cooke that Jillian Brewer, before dying, had spoken a few words in QUESTIONS WITHOUT NOTICE his Presence? (2) If so, what was the essence of such ERIC EDGAR COOKE medical advice? Alleged Offences (3) Was the advice so obtained placed before the Police Department or 1.Mr. GRAHAM asked the Minister for communicated to any of its Police: officers? (1) Apart from the charges of murder (4) Was it Placed before the Court of or wilful murder which were pre- Criminal Appeal which this year ferred against hinh, what other heard an appeal on behalf of offences of -any nature whatsoever Darryl Beamish against his con- have been ascribed to Eric Edgar viction for the killing of Jillian Cooke? Brewer? (2) Of those offences in respect of which he claimed to be the per- (5) From whom was the advice petrator, which have been ac- obtained? cepted as having been his respon- (6) For what purpose was it obtained? sibility and which have not? Mr. BRAND replied: Mr. HOVELL. (for Mr. Craig) replied: I thank the Leader of the Opposi- (1) and (2) Replying on behalf of the tion for giving me prior notice of Minister for Police, it is true that his questions, the answers to the honourable member for Bal- which are as follows:- catta gave earlier notice of this (1) Yes. question. Immediate steps were (2) Initially that speech was impos- taken to endeavour to obtain the sible in the circumstances; but information, but so far it has not subsequently, after research and been able to be collated because further consideration, that speech of the extensiveness of the in- was highly improbable but not quiries. impossible. However, with your permission, (3) It was communicated to the police Mr. Speaker-and no doubt the officers in charge of investigations Minister for Police will be back in in the case. the House by that time-if the information is available during (4) No, because the opinions expressed this sitting it will be made avail- were equivocal; and while they able to the honourable member. would not in any way confirm Cooke's statement, they would not Mr. Tonkin: Fair enough! positively disprove it. Therefore, Requests for Psychiatric Examination: no useful purpose could have been Tabling of Papers served by placing the opinions 2. Mr. GRAHAM asked the Minister rep- before the court. On the particu- resenting the Minister lar matter, Cooke himself later for Justice: gave evidence contradicting his Will he lay on the Table of the Previous statement. House all papers relating to re- quests for psychiatric examination (5) Three doctors, including a physi- of Eric Edgar Cooke? cian specialist and a thoracic sur- geon. Names could be supplied to Mr. COURT replied: counsel for Bearnish on request. I acknowledge with thanks prior (6) To test Cooke's veracity on this notice of this question to the particular point. Minister for Justice, on behalf of whom I request permission to lay WHIM CREEK COPPER MINING on the Table of the House photo- stat copies of the relevant papers Answers to Questions Tabled and ask that they be tabled for one week. 4. Mr. BOVELL (Minister for Lands): On the 7th October this year the The papers were tabled /or one meek. honourable member for Pilbara 1754 (ASSEMBLY.]

asked a question relating to Whim BUS STAND IN MT. LAWLEY Creek copper mining. His ques- Resiting: Tabling of Papers tion is recorded in Mansard Nlo. 10 of 1964, on pages 1320 and 1321. 6. Mr. OLDFIELD asked the Minister for The honourable member later Works: asked whether I would make rep- Yesterday I asked the Minister resentations to the Minister for would he lay upon the Table of Mines to see when the informa- the House certain Papers dealing tion could be made available. I with the request for a crosswalk informed the honourable member at Third Avenue. The minister that the Minister for Mines would said he would consider the matter. supply the information when My question is: Has the Minister available. The Minister for Mines given consideration to this ques- has now supplied the information. tion and, if so, what is the de- There were 25 questions involved; cision? and, with your permission, Mr. Mr. WILD replied: Speaker, I ask that the answers be Unfortunately the Commissioner tabled. of Main Roads was unavailable The answers to the questions were for a discussion this morning. I tabled. have arranged to see him tomor- row morning. DANCING SCHOOLS AND BALLET TOILETS AT SUBURBAN STATIONS: COMPANIES CLOSURE Arrangements for Staff "Peculiar Difficulties": Professor Alexander's Reference 7. Mr. OLDFVIELD asked the Minister for Railways: 5. Mr. CORNELL asked the Premier: In view of the fact that all the conveniences at suburban railway Arising out of the reply which I stations, apart from the main did not get this afternoon in con- centres, are to be closed, will he nection with question No. 29 on inform the House what arrange- today's notice paper, I appreciate ments are being made for the the fact that the remarks quoted staff at these stations? in the question were made by Professor Alexander. However. Mr. COURT replied: may I point out to the Premier The honourable member can be that according to his reply to assured that the Railways Com- Professor Alexander the Premier mission is not unmindful of the appreciates some of the difficulties requirements of the staff; and, Involved and that some skill would as he knows, most of the metro- be needed to overcome them. In politan stations these days are view of this. is the Premier in a manned on an entirely different position to tell me what those basis from what they were before. difficulties are, or at least a por- However, I can assure him that tion of them? adequate arrangements will exist for the staff, but with most of the Mr. BRAND replied: cases concerned permanent re- quirements are not necessary. If I anticipated that this question the honourable member, however, would be asked, but I am not in would like each station Itemnised I a position to say any more than would be only too pleased to do I said in answer to tihe previous it for him. question. A number of us are aware that the organisations or BILLS (5): RETURNED bodies concerned with ballet in 1. Clean Air Bill. this State seem to have some dif- ferences. That was the general Bill returned from the Council with way in which I expressed myself. an amendment. and these differences have existed 2. Bibra Lake-Armadale Railway Dis- over a long time. As regards Pro- continuance and Land flevestment fessor Alexander's statement in Bill. his letter to me, I say with all due 3. Fremantle Harbour Trust Act Amend- respect that he is the only one ment Bill. who could enlarge on the expres- 4. Water Hoards Act Amendment Bill. sions used. I know nothing further than that there are certain mis- 5. Rights in Water and Irrigation Act understandings as between the Amendment Hill. bodies in charge of ballet in this Bills returned from the Council with- State. out amendment. [Wednesday, 21 October, 1984.) 175575

GOVERNMENT BUSINESS MR. HAWKE (Northam-Leader of the Precedence on all Sitting Days Opposition) [5.8 pirn.]: This Motion is be- ing moved to enable the business before the MR. BRAND (Greenough-Premnier) House to be speeded up, and to eliminate r.. p.m.]: I move- the normal delays which take place when That on and after Wednesday, the the Standing Orders are fully applied. I 28th October, Government business did not hear the Premier offer a target shall take precedence of all motions date for the closing of the session. In and Orders of the Day on Wednesdays view of the fact that a Senate election is as on all other days. to be held on the first Saturday in Decem- ber- This is a motion which is moved each year about this time and, so far as the Mr. Bovell: The Premier mentioned a last two years are concerned, the date has target date. been about the same. As honourable Mr. HAWKE: Did he? I am sorry I did members are well aware of the reasons for not hear it. I was reading. it, and the fact that Government business Mr, Bovell: The last week in November. must take precedence, I do not think there Mr, HAWKE: I was reading some papers is any need for me to add anything to at the time and did not hear that. If the What I have said, except to say that as target date aimed at is the last Thursday far as private business on the notice paper or Friday or-perish the thought!-Satur- is concerned we give the usual undertaking day in November, then it would appear that that it will be dealt with. I cannot say Parliament has before it a heavy pro- how much more Government legislation is gramme during the remaining weeks. As due to came forward, but I would think I think we would all be anxious to partici- somewhere about 20 Bills, but not a large pate in the Senate election campaign, and number of major Bills. not have to come back afterwards, because the Christmas season would be upon us 311t. HAWKE (Northamn-Leader of the by then, I support the motion and trust Opposition) [5.6 p.m.]: In view of the we will not have any hectic end-of-the- undertaking which the Premier has given session rush. I know it is impossible for to the effect that all business now on the anyone here to manage that, or to control notice paper in the names of private mem- it. bers will be dealt with before the session concludes, there is no objection to the Mr. Brand: I would be about the first to motion from this side of the House. achieve that if I did. Question put and passed. Mr. HAWKE: We never know from hour to hour or from day to day how long each CLOSING DAYS OF SESSION item listed for discussion is going to take- not even approximately. We also know Standing Orders Suspension from experience that matters which look MRif. BRAND (Greenough-Premnier) like taking an hour sometimes take days; 1"5.7 p.m.]: I move- whereas other matters which look like taking days sometimes go through in hours. That until otherwise ordered, the However, as far as it is reasonably pos- Standing Orders be suspended so far sible for honourable members on this side as to enable Bills to be introduced of the House to do so, they Will co-operate without notice, and to be passed with the Government in trying to have through all their remaining stages on the notice paper disposed of totally and the same day, all messages from the in the most reasonable way possible before Legislative Council to be taken into the end of November. consideration on the same day they are received, and to enable resolutions Question Put and passed. from the Committees of Supply and of Ways and Means to be reported and BILLS (2): INTRODUCTION AND adopted on the same day on which FIRST READING they shall have passed those Commit- 1. Licensing Act Amendment Bill. tees. Bill introduced, on motion by Mr. This, too, is a motion usually moved at Brand (Premier), and read a first this time of the year, in order to expedite time. the business of the H-ouse and to have Bills 2. Real Property (Foreign Governments) passed expeditiously from one House to the Bill. other. I am sure honourable members do Act Amendment not desire to remain here for an undue Bill introduced, on motion by Mr. period, and the Government has in mind Bovell (Minister for Lands), and the end of November as the approximate read a first time. date for the end of the session. There is nothing very firm about that, because no- LEAVE OF ABSENCE one can assess the actual time when Par- On motion by Mr. H. May, leave of liament will rise. However, in order to absence for four weeks granted to Mr. J. try to achieve our objective this motion Hegney (Belmont) on the ground of ill- is moved. health, [ASSEMBLY.]

ELECTORAL ACT AMENDMUENT During the last session of Parliament I BILL moved a motion similar to this which I amn bringing before the House this evening. Third Reading There are many reasons why there should be uniformity in the charges for electricity MR. COURT (Nedlands-Minister for supplied to both the metropolitan area and Industrial Development) (5.13 pm.]: I country districts. The only way this can move- be achieved is to appropriate a sum of That the Bill be now read a third money from the Consolidated Revenue time. F'und and transfer it to the State Elect:,,- city Commission so that it may allocate The SPEAKER (Mr. Hearman): Before money in accordance with the Provisions I put the question I must draw the atten- of the legislation which the Government tion of the House to the fact that a con- could introduce. I cannot, of course, bring stitutional majority is required. If, when down a private member's Bill to give effect I put the question, I hear a dissentient to this because it would mean that funds voice I shall be forced to have the bells would have to be taken from the Treasury rung and a division taken. If there is no to achieve the desired objective. dissentient voice I will merely taunt the House. I have a certificate from the Chair- I wvould also point out to the Minister main of Committees that this is a fair that, in moving this motion, I am not print of the Bill as agreed to in Committee entirely breaking new ground; because and reported. on checking Mansard records, I find in a measure introduced by the Minister for Question put. WVorks In 1945 to inaugurate the State The SPEAKER (Mr. Hearman): There Electricity Commission he made certain being no dissentient voice, and as I have provisions that the commission, when counted the House and satisfied myself established, could, with the sanction that more than 26 hanourable members of Parliament, have an appropriation of are present, I declare the Bill carried by funds granted to execute certain works or a constitutional majority, duties. Question thus passed. This, of course, does not create the a third time and returned to elasticity desirable to enable the payment Dill read of a subsidy. in New South Wales- a the Council with amendments. similar procedure is followed and the authorities there encounter the same diffi- BILLS (2): THIRD READING culties in the country districts as we do in this State, although there may be some 1. Country Towns Sewerage Act Amend- differences geographically. South A US- ment Bill. trals is in a similar position. In that Bill read a third time, on motion by State a great differential in the tariff Mr. Wild (Minister for Water Sup- charges exists and an endeavour is made plies), and transmitted to the to overcome these difficulties. Neverthe- Council. less, the authorities in both these States realise how essential it is to have equal 2. Supreme Court Act Amendment Bill. distribution of power and electricity and Bill read a third time, on motion by equalisation of charges as between the Mr. Tonkin (Deputy Leader of the metropolitan area and the country dis- Opposition), and transmitted to the tricts. Council. One of the reasons why I have moved this motion for deliberation and decision ELECTRICITY FOR COUNTRY by the House is to endeavour to have the DISTRICTS mains of the electricity scheme extended. When I was compiling this motion, the Subsidies for Generation and tar-reaching effect of the electricity ex- Distribution: Motion tensions was brought forcibly to my notice. Before that I was inclined to overlook MR. BALL (Albany) [5.16 p.m.]: I this effect. I would put forward the move- observation that when we 9.5k for an That in the opinion of this House appropriation of funds from revenue we the Government should give earnest must realise that everyone is a contributor and immediate consideration to the to the Treasury funds by reason of the introduction of a Subsidy Act, for the tact that he is a taxpayer. In too many purpose of providing subsidy payments places beyond the termini of the electricity for generating, distributing and ex- mains no electricity is supplied to the tending public supplies of electricity residents, and this should not be. This in country districts, so as to provide need is exemplified by the introduction of more country towns with the service television to this State. If justice had and to ensure that charges will be been meted out, television would firstly uniform with charges in the metro- have been granted to the people in country politan area. areas. [Wednesday, 21 October, 1954]375 1757

No-one can dispute the necessity for Whilst the Minister was speaking, one that amenity now-especially to residents of the Opposition members interjected by in country districts--and the granting of asking why the motion should not be pro- supplies of power and electricity to the ceeded with. I must thank the honourable far-flung areas of the State. One can re- member for that interjection, because call the remarks of appreciation made by when I read the Minister's explanation I the astronaut who passed over Perth and was at a6 loss myself to discover why the saw the lights of the city. So when we motion should not be proceeded with. The find the people in the country lacking in Minister did not give any reasons why we this amenity I am thankful to the person should not extend the operations of the who brought the necessity for electricity State Electricity Commission Act. extensions to my notice. When I decided In recent weeks we have seen the effect to make a move towards uniformity of of a slight increase in prices, and although charges for electricity my first thoughts it is doubtful whether any increase in were for those who were outside the ambit electricity charges has been made. I can of the metropolitan and built-up areas. take the Minister's mind back to the When a close examination is made of the letters that were written complaining word "extension" one realises that the about charges, just prior to the introduc- extension of electricity could have far- tion of my motion in this House last ses- reaching effects. sion requesting an investigation into the To begin with, many of our small tourist rates charged for electricity in the metro- resorts are still not supplied with electric- politan area and the country districts by ity, and have to rely on hurricane and the State Electricity Commission. The Tilley lamps. I can see no reason why complaints were especially about charges Part of the funds available could not be in the Bunbury area where power was used for the extension of electricity to generated practically on the place where the outback areas and to small tourist J1twas supplied, or lust outside it in an resorts. I think there are many local adjacent townslte. In regard to this ap- authorities and many private persons that proach the Labor Party received a letter could operate to generate electricity in in reply signifying that nothing was to various far-flung areas of Western Aus- be done about the matter. tralia. For example, further north there After that letter had been sent, and would be several such places; and in the following the introduction of the motion south, as the honourable member for War- in the House last year, there was a great ren has pointed out, the towns of Den- deal of dissatisfaction expressed over mark and Walpole are seeking some relief meter charges, and a minor reduction was in their financial commitments; and the made in the metropolitan area. I do not same applies to Northcliffe. So we find think we need delve very deeply into that the necessity to extend electricity into aspect of the question to find out what outback areas and for some easement in the effect was. What I am surprised about charges. is the action of the Minister or the State If legislation for the granting of subsi- Electricity Commission-whichever author- dies is introduced I would aim at the ity was responsible-in altering the status granting of sonmc £500,000 to the State quo in the metropolitan area. Electricity Commission, with a balance I know from what was expressed by of £100,000 in hand. The commission people residing in the metropolitan area, could then allocate this money to the and from my association with important various bodies that required It for the Personages, that they were quite happy provision of electricity as the demand was for the status quo to remain In regard to made. There would certainly have to be the electricity charges in the metropoli- some form of balance, and I can think of tan area. If the alteration had meant no-one better to act as a referee in the an extension of the electricity mains in allocation of this cash than the State the country, without any interference Electricity Commission when it Is expended being made with the charges in the city. for this particular purpose. those people would have considered they In South Australia something In the were contributing something towards de- vicinity of 10 per cent. higher than the centralisation in outback centres. However, charge made in the metropolitan arcs,' Is the Minister decided to make a slight re- aimed at in a charge for electricity in coun- duction in the charges prescribed for elec- try districts; that is, when a subsidy Is paid tricity in the metropolitan area. to a local authority or a, private body I want It understood that some greater generating electricity. It is rather humor- casement in electricity charges could have ous to follow the pattern in South Austra- been made in country towns and in the lia, which is similar to that adopted in outback areas, because, without doubt, it this House last session. After elaborating would have been a greater stimulus to the points last year in the interests of de- decentralisation than the reduction in centralisation for the benefit of the Min- obarges that were made. ister, he stated he did not think the motion when we speak about equalisation of should be proceeded with. I will quote electricity charges, we must expect a re- from Mansard at a later stage some extracts duction of such charges to major Indus- from the speech which he made. tries; but if we turn away from them and 1758 (ASSEMBLY.]

direct our attention to smaller industries that stagnation will occur in country dis- in decentralised areas, we find that they tricts, and that congestion of traffic in have not enjoyed any easement in the metropolitan area will be increased. charges. We should give clear thought to this The Minister for Industrial Development subject. The only way we can overcome has persistently pursued the angle that in the difficulty is to introduce a subsidy Act, this State we can establish small indus- under which funds from Consolidated tries in decentraised areas; and that is a Revenue can be made available for the commendable thought. We can establish benefit of that vast portion of the State many industries in towns of any size, which which produces the wealth of the State. are able to absorb those industries through At the present time the people in this what I would term the natural popula- State are consistently, Permanently, and tion catchment area. We get the feeling solidly riding on the back of the primary that small industries employ a limited producers. If we make a study of the number of workers; but it does not take economics of Western Australia we will many tens to make a hundred, and small find that the wealth is derived from the industries are just as important as those Soil, but the soil is tilled by the hands of employing 100 workers. the workers. Then opportunity is created The small industries in the country or for capital to exploit the initial effort in, decentralised districts, while competing and the commencement of, this economy. with their counterparts in the metropolitan In fairness to the people in country and area, cannot match the latter because of decentralised areas, they should be assisted the unequal charges for electricity. For by a reduction in charges and costs, so that reason the payment of a Government that they can be retained in those areas subsidy should be applied in that atmo- and thereby assist the State. sphere. I feel in all justification the Gov- Earlier I referred to the population ernment should support this motion with- catchment area. I would aim for centres out qualms or hesitation. like Geraldton, flunbury, Albany, and Es- When we had got over that hurdle we perance on the coastline at a population of would have to consider the comparative about 60,000. Then I would aim for coun- cost of commercial as well as industrial try towns like Onowangerup, Katanning. charges for electricity. Can the industries Wagin. and Manjimup, at something like in the country afford to pay additional 10,000 to 14,000 people. freights, as well as the additional elec- Mr. Brand: What about a separate tricity charges for preserving or refriger- State? ating goods? Small industries and small shops in decentralised Mr. HALL: A separate State will come areas are affected eventually, irrespective of what the Pre- under the existing assessment of charges. mier might feel. The magnitude of West- Then we come to the domestic charge ern Australia is too great to be controlled for electricity which hits the people hard- by the destiny of the metropolitan area. est, longest, and most consistently: I refer The southern portion will branch out, and to the workers employed by industry. will form a State of its own. Workers in large industries who receive The towns I have just mentioned will the benefit of balanced, equalised, or con- eventually have a population of 10,000 to sidered charges, are competing with their 14,000 people. Small Industries will then counterparts in the country who, under be established, and thereby retain the the recent decision of the Industrial Com- youth. That zone will be served by the mission, receive the same basic wage as ports in it. with benefit to the zone and workers in the metropolitan area: but they to the State. have to pay charges over and above those The principle is there for us all to paid by their counterparts in the metro- observe. The pinnacle or the maximum politan area. effect can be achieved by a subsidy Act. It cannot be disputed that industries in I do not know what the Minister will say decentralised areas experience difficulty in to refute that statement. I daresay he retaining their employees because the has made up his mind by infering and charges in those areas-such as the domes- suggesting that the State Electricity Com- tic charge for electricity-are exorbitant, mission might lose control, and therefore colossal, and in some cases far above thosv he would oppose the motion. applying in the metropolitan area. A similar move was made in South Aus- All that tends to reduce the establish- tralia. The Leader of the Opposition went of industries in country and decen- moved a motion, along the lines of the tralised districts. As a consequence we motion before us, but the Premier of that see the drift of young people from the State opposed It most emphatically. Then country into the metropolitan area, to the in the 1963 session of Parliament the detriment of the zones in which they were Premier himself introduced a similar born and bred. No-one can dispute that, motion, as a result of which a subsidy Act and figures clearly show the trend that is was passed. taking place. The young people are drift- Mr. Toms: It could be done In Western ing to the city, with the eventual result Australia. [Wednesday, 21 October, 1964.175 1759

Mr. HALL: I hope so. It is not always Mr. HALL: It is a report attached to that one can be the first to implement a a letter from Mr. Erskine, M.L.C. I will move. If Western Australia Is not the now refer to the annual report of the first State to introduce a subsidy Act, It South Australian Electricity Trust for the can be the first to put one into operation. year ended the 30th June, 1962. It con- At the commencement of my speech I tains the following:- made the point that the honourable Mr. The Electricity (Country Areas) Hawke, who was Minister for Works in Subsidy Act, 1982, makes provision for this State in the past, saw the wisdom of the Trust to make immediate reduc- expanding into the country areas. There tions in country electricity tariffs and was a weakness, because he could not find for the Government to provide a sub- the complete answer. In those days the sidy for this purpose. This legislation machinery which is now used was not has accelerated the process of reducing available to the Government, but by his charges which the Trust was gradually wisdom in establishing the State Elec- implementing from its own resources. tricity Commission we are able to enjoy at the Present time the amenity of elec- In Western Australia, which is very tricity distribution into the far-flung comparable to South Australia, we are country districts. That has not been easy witnessing thoughts along parallel lines, of achievement. in trying to reduce the electricity charges:, but we find it beyond the means of the I well remember the many approaches commission, because it has to borrow which have been made to both the Labor money for development, and has to Government and the present Government account to the Government. In South for the institution of a contributory scheme Australia the Government aimed at the to assist farmers, and there is no doubt Introduction of a subsidy Act for the sole the farmers needed assistance. The farmers have much more reason to use purpose of assisting the people outside electricity at the present time than in the ambit of the Electricity Trust. I the past. It was found that the use of have before me the speeches made by electricity increased tremendously with the Sir Thomas Playford, the Premier and introduction of more machinery, The Treasurer of South Australia, when he honourable Mr. Hawke was able to achieve introduced the Bill in that Parliament. economically sound results for the benefit The Bill contains the following pro- of the farming community and primary visions: - industry. From the surplus moneys in the Consolidated Revenue Account of the I now turn to a report which I received Treasurer for the financial year ended from New South Wales. I would like to on the thirtieth day of June, one quote from it for the benefit of the Min- thousand nine hundred and sixty-two ister the following:- the Treasurer shall pay to the lec- I would point out, however, that a tricity Trust of South Australia (here- great deal has been done to assist inafter referred to as "the Trust") country supply authorities by means five hundred thousand pounds for the of the Government's Rural Electricity purposes of this Act. The said moneys Subsidy Scheme. Under this scheme are hereby appropriated accordingly. a total of over £13 million will be paid In addition to the moneys to be to Councils over a 15-year period to paid to the Trust in pursuance of supply over 86,000 farms and other subsection (1) of this section the consumers in country areas to which Treasurer may during the five finan- supply would not have been prac- cial years mentioned in section 3 of ticable without the incentive of fin- this Act pay to the Trust further ancial aid. sums not exceeding in the aggregate In addition, the Electricity Commis- one hundred thousand pounds for the sion early after its formation in 1950, purpose of this Act out of the general established the principle of standard revenue of the State. This Act shall bulk rates to all councils regardless of without further appropriation be their location. As a result of this authority for the making of any such policy distant areas such as Hay, payments, Walgett, and Cobar, pay the same amount for bulk power as councils in So in South Australia this matter is not whose areas the Power stations are placed under the control of some other actually located. These and many organisation; it is left entirely in the other country towns have previously hands of the most capable, efficient, and depended for their supply on expensive experienced body-that is, the Electricity local generation, and the high cost of Trust, which is comparable to the State power limited its use and prevented Electricity Commission of Western Aus- the extension of supply into surround- tralia. The motion before the House ing rural areas. The advent of cheap seeks to do Just that, without the need to bulk power, of course, transformed introduce a Bill. this position. Let me refer to what Sir Thomas Play- Mr. Nalder: What report are you read- ford said in the debate on, that Bill. Part Ing from? of his speech is recorded In Vol. 1 of the 1760 1? 60[ASSEMBLY.]

South Australian Parliamentary, Debates In other words from Consolidated Revenue of the 37th Parliament, on page 561. Sir and the Treasury benches of the State. Thomas said- Continuing- It provides far the payment of sub- This subsidy scheme will result in sidies to undertakings generating and/ 45,000 consumers in country areas or distributing public supplies of elec- receiving immediate financial benefit tricity in country districts. The Elec- from lower charges for electricity sup- tricity Trust has been reducing plied by the trust, including bulk sup- country tariffs over the last few years plies. In addition to those people and had anticipated a policy of tariff who use electricity supplied by the reduction in country areas which trust, about 3,600 consumers in coun- would, over the next five years, reduce try districts rely upon local authorities charges for electricity used in country -and private persons or corporate areas to a level much closer to zone I bodies for their supplies of electricity. tariffs than now applies. The trust's scheme for gradual tariff Zone I tariffs are applicable to our metro- adjustments would not have benefited politan tariffs at present. If the Minister these people but, under the Govern- desires to have a look at the tariffs. I have ment's proposals, they will receive sub- them in my locker downstairs. sidies also in respect of the electricity Mr. Nalder: Does the South Australian used by them. Government make any other funds avail- It is quite obvious that it has gone beyond able to the Electricity Trust? the pale of ordinary deliveries. It is Mr. HALL: I could not answer that for extension further and beyond. I moved except by going through the reports. I a motion on this subject last year and it have acquainted myself with the subject appears on page 975 of Hansard of 1963 about which I am speaking, and that con- as follows:- cerns a subsidy Act. However, as I con- That in the opinion of this House. tinue, perhaps the question of the Minister the Government should investigate might be answered. To continue- fully the rates charges respectively in The Government has examined the the metropolitan area and country dis- trust's proposal and decided that it tricts by the State Electricity Commis- is desirable to give the country con- sion for electricity and gas supplies. sumers immediate relief- with a view to ascertaining whether and in what manner, a greater degree That is the purpose of the subsidy Act.- of uniformity, or complete uniformity to give immediate relief which the trust of charges can be achieved. finds impossible and, in our case, which the commission finds impossible. Con- I do not want to weary the House by tinuing- repeating what I said last year, but I -by a reduction of charges, so that would like to quote the Minister's reply the tariffs operating for areas outside to the debate. It appears on page 3924 of the trust's zone I area will be no Hansard No. 3 of 1963 as follows:- higher than about 10 per cent. above the metropolitan MR. NALDER (Katanning-Mini- rates. ster for Electricity) [3.00 am.] I have already quoted that those are the he gave the reply zone I rates. Continuing- Three a.m.! No wonder he gave! The trust's policy for financing country extensions has been successful Mr. Nalder: You didn't stop to hear it, and a great benefit to country people. did you? I1 do not think any of us here would dis- Mr. HALL: I was expecting the Minister pute that the commission's efforts have to comment on that. We have duties in been worth while and appreciated by the our electorates and the motion was con- people. Sir Thomas Playford's speech tinually put at the bottom of the notice continues- paper, and I thought it was due for obli- teration. The Government supports this policy- Mr. Nalder: You can't put that over! Yet the same Government opposed virtu- Mr. HALL: I say here and now that I ally the same principle which was intro- must apologise for my non-activity the duced 12 months beforehand by the Leader other day on the subject, but I thank the of the Opposition (Mr. Walsh)- Premier for allowing it to remain on the and, to enable reduced charges to top of the notice paper. However, to re- turn to 3 a.m. in the morning last year. apply in country districts forthwith,' the Government proposes that Parlia- I know the Minister is not one of the birds ment should authorize a scheme by who stay up until that hour under ordin- which consumers of electricity in ary circumstances. The Minister stated- country districts will be subsidized I do not think it is necessary for from the general revenue of the State. this motion to be carried. [Wednesday, 21 October, 1964.1 161761

Mr. Toms interjected and said, "Why?" I looks so insignificant. We have to ask must compliment him on his interjection. ourselves what he does with himself at To continue- night. Mr. NALDER: I shall give the Several honourable members interjected. reason. Decentralisation of industry is being encouraged by the Govern- Mr. HAIL: I am not going to endeavour ment in so much as an assured supply to reply to the implications in the of electricity is being made available humourous interjections of~ honourable to more and more country consumers members. The entertainment of these at as low a rate as possible. farmers at night Is limited, and therefore all they can hope f or at the best is a drive Mr. Nalder: Hear, hear! Into town many miles away to watch what Mr. Graham: Where, where? they call the drive-in show. Mr. HALL: That gets me back to the There is no doubt they are entitled to Point I made earlier. Consideration has this amenity; and I say without any fear been given to major industries by this of contradiction that the Minister should Government and previous ones. The Gov- give a complete assurance that he will ernment has fallen over backwards to get study this matter and do as the motion them established, and I can appreciate suggests. If it is not possible this session that very much-and so can other hon- he should-well, I do not know if he will ourable members--as being a move for- be here next session, or whether he will ward in decentralisation. However, I do be in office; but if so, he should have a not want to dwell on this point too much look at it and act then. because it is further south we must get some relief for the smaller industries. Mr. Nalder: You do not sound too optimistic! Mr. Nalder: They -are not paying any more in the country than in the city. Mr, HALL: I am not trying to do any forecasting at the moment. I am trying Mr. HALL: In his speech last year the to work for the people in the country, and Minister continued- I am trying to do my best to persuade Industrial consumers have uniform- honourable members to pass this motion. ity of rates and may establish them- I do not know how Country Party mem- selves wherever the State Electricity bers, including the Minister, will be able Commission scheme extends. to go amongst their electors and talk their That brings me to the point that the way out of this one. electricity supplies must be extended, and that Is how a subsidy Act could help. How Mr. Nalder: Where are you going to get the Country Party members who sit on the mioney for this one? that side of the House could vote with the Mr. HALL: The money could be raised Minister on this one, i do not know. We on this occasion in the same way the Gov- can see, on reference to the map and the ernment has raised It on many other index, that there are approximately 1,750 occasions; and that Is, by taxation. After towns in the far-flung areas, of which all, we call this Government, "The Tax-us only about 81 generate electricity but do Rangers". The opportunity for obtaining not come under the State Electricity Com- revenue lies in the hands of the Govern- mission -scheme. However, I will come to ment. that point in a moment. The Minister Mr. Nalder: That won't help the de- went on- centralised areas. They pay the same rate as industry in the metropolitan area. As different Mr. HALL: They are taxed to the limit rate schedules apply, the fact of uni- now, but do not receive any amenities in formity may not always be at first return. That applies to the water rates, apparent. It is hoped eventually to too. I do not wish to elaborate any further alter the tariff tables In the metro- except to say that the Leader of the Op- politan area to those at present oper- position in South Australia introduced a ating motion through which he hoped to achieve in the country. the same objective I have set out to He just made the remark that they are all achieve. I introduced a similar motion equal and then in the next sentence he last year, and at 3 a.m. in the morning the says he is going to make them equal! He Minister could find no virtue in it. Sub- also states-- sequently the Premier of South Australia Tariff reductions result from greater did a double flip backwards--he should efficiency and increased sales. have entered for the Olympic Games--and Can we find a better way to increase the introduced identical legislation as was sales than to supply electricity to our sought to be introduced by the Leader of decentralised areas? Many people will the Opposition there. make a request for electricity, particularly I am not going to delay the House any with the introduction of television-and longer. I feel I have got my point over. rightly so. If we get out into the open If the Minister wishes to have a look at spaces and decentralised areas and see the the BIll presented, he can do so. plus the farmer on his tractor or plough, he looks notes I made on my research of other like a pimple on a pumpkin because he States. He has access to the same copies 1641 (ASSEMBLY.)I of Hansard I have and can read them if Semmler, the A.B.C. has no in- he so desires. I have placed the informa- tention whatsoever of running aL tion before the House and I hope to hear story on capital punishment at from the minister, after which I will reply this particular time and in rela- to him. tion to the W.A. situation. Not Debate adjourned, on motion by Mr. only would it be in poor taste to Na~der (Minister for Electricity). do so and indeed smack of sen- sationalism, but it would ob- CAPITAL PUNISHMENT viously be impossible to expect to get a balanced and objective view- "Four Corners" Presentation of point at this particularly unfor- Eric Edgar Cooke Case tunate time when feelings were bound to be high among sections MR. BRAND (Greenough-Premnier) of opinion concerned. [5.55 p.m.]: If you will permit rue to give This particular decision had no it, Sir, I have here a reply to a question relationship whatsoever to any asked by the member for Collie yesterday discussion that may have taken in regard to a broadcast. I said that I place recently in the W-A, Parlia- would pass the question on to the A.B.C. ment. it was simply and purely andi, in fairness to everyone, I think I a matter of A.B.C. programme should read the reply. Mr'. Malcolm policy in matters of this kind. Naylor, Acting Manager for the A.B.C. in Western Australia, sent rae the follow- Mr. H. May: May I have a copy or tiat? ing reply:- Mr. BRAND: Yes. Thank you for your letter of to- day's date, concerning a question Mr. Hf. may: I thank the Premier for in the Legislative Assembly yester- the interest he has taken in the matter. day. I have taken immediate steps to DARRYL BEAMISH bring it to the attention of the Newv Trial, and Deferment of Eric Edgar General Manager of the Austra- Cooke's Execution: Motion lian Broadcasting Commission at our Head Office in Sydney. MR. HAWKE (Northam-Leader of the As a result, the Assistant General Opposition) [6.2 p.m.]: I move- Manager in charge of Pro- That in the opinion of this House grammes, Mr. C. Semmier, has the Government should introduce a issued a statement in Sydney Bill to grant Darryl Beamish a new which clarifies the matter raised trial before a judge and jury and as by the Labour Member for Collie, Eric Edgar Cooke would be a vital Mr. May. witness, his proposed execution should Attached is a copy of the statement, and be deferred. Mr. Naylor has asked me to read the statement to the House. It is as follows:- The matter before us concerns particularly Darryl Beamish who was found guilty by The Assistant General Manager a judge and jury on a, charge of wilful of the Australian Broadcasting murder. Commission In charge of Pro- grammes (Mr. C. Sernmler) com- Before proceeding with my motion, I mented that the story that was would like to refer to notice of motion published in "The West Austra- No. 8, because I think it is necessary to lian" on October 20th, under the explain why the two motions are upon heading "TV Film on Cooke," was the notice paper. It could appear from the result of an obvious misunder- a casual look at the wording of the two standing. The Four Corners motions that the first one calling for a team was at the moment in new trial, or for the Government to intro- Perth covering three special duce legislation to give Darryl Beamnish a stories, which had been planned new trial, could not possibly be justified by for some time-on Exmnouth Gulf argument in this House unless the second and the Ord River and Esperance motion were first of all carried, and all developments. For some time, the papers associated with the court too, the Four Corners programme appearances of Darryl Beamtsh, and the has been planning a story on appeal made later on his behalf to the capital punishment as a national Court of Criminal Appeal, were laid upon issue. It is possible that in the the Table of the House: in other words, course of this visit the Four Cor- unless honourabie members had access to ners reporters (whose appearance all the papers, it would not be possible, in Perth at the time of the hang- logically, to sustain an argument for a ing of Edgar Cooke was a mere move to be made to enable a new trial coincidence) had made various to be given to Darryl Bcarntsh. enquiries on public reaction to the Mos3t members of the House who have banging as part of their routine given consideration to this situation would, story gathering but. said Mr. I think, realise that the motion with which [Wednesday. 21 October, 1964.1 1783 we are immediately concerned-that is, Some difficulty was then encountered in notice of motion No. 7 on the notice Paper obtaining the papers I wanted; there was -has become tremendously urgent follow- considerable difficulty in locating them. ing the decision of Executive Council to Finally the Minister for Police was good have the execution of Eric Edgar Cooke enough to advise me that a complete set carried out at the Fremantle Prison on of copies of the papers was available in Monday of next week. the Police Department, and subsequently he brought those papers to Parliament In view of the confessions made by House and I had an opportunity of perus- Cooke in connection with the charge against Beamish. and on which Beamish ing them. was found guilty; and in view also of the On the 20th October I asked the Premier affidavits sworn by Cooke. it is obvious the following question:- that, in any retrial which may be granted In the event of a move being made in to Beamish, Cooke would be the Most vital Parliament for the granting of a new witness. In the event of a retrial taking trial to Darryl Beamish and the move place and Cooke no longer being available succeeding, would the affidavit sworn -no longer being alive-then any such re- by Eric Cooke, in which he claimed to trial might not produce the same result as have committed the crime of which could be Produced if Cooke were to be alive Beamish was found guilty, be admis- and available as a witness to be examined sible as evidence? and cross-examined in connection with the Subsequently the Premier made a long claims he has made as being the individual reply to that question, but it was only, I who fatally attacked the murdered girl at think, in the last sentence of his reply Cottesloe. So I hope it now becomes that he answered the question, and his abundantly clear to honourable members answer was "No"; which meant that the that both motions, although they appear affidavit made by Cooke which went be- in some way to be out of order, are very fore the Court of Criminal Appeal would closely related, and the moving of each not be admissible as evidence in the event of them is necessary at this stage. of some move being made In Parliament Had I proceeded only with notice of to grant Beamish a new trial before a motion No. 8 for the tabling of all Papers judge and jury, and the move in question I think it is most probable, if not certain, being successful. that that motion would not have been I think I should make reference to some completed in sufficient time to enable the of the points raised in the long reply which motion which I am now moving to be put the Premier made to my question. He upon the notice paper, Proceeded with, pointed out that Beamish appealed from and completed to a decision. his conviction by jury to the Court of Criminal Appeal, the court in question un- Honourable members will know that animously dismissing the appeal. The some days ago I asked the Premier Premier's reply went on to state that wvhether he would table all Papers Pre- Beamish had an application made on his pared by the CJI.B. this year relating to behalf to the High Court of Australia for the appeal made on behalf of Darryl special leave to appeal from the decision Beamish to the Court of Criminal Appeal; of the Court of Criminal Appeal. That ap- that is, all Papers which were prepared plication was heard on the 11th December, by members of the C... in connection 1961, and it was forthwith refused. The with the then impending hearing. The Premier's reply later stated- Premier replied he was not prepared to table the Papers, but offered me an oppor- On the 11th September, 1964, the tunity of Perusing them in confidence at High Court of Australia heard an ap- the office of the Minister for Police. plication by Beamish for special leave to appeal from the decision of the I thoroughly agree that having accepted Court of Criminal Appeal. The court an opportunity of Perusing these papers forthwith refused the application. on the condition that the perusal would Solicitors for Beamish have advised be in eonfldence, I am bound absolutely the Crown that they had not received not to divulge anything I had an oppor- any instructions to appeal to the tunity of seeing in those papers. I should Privy Council and did not expect to say, however, I asked the Minister receive any such instructions. for Police, and subsequently the Premier, The first appeal to the High Court whether the Papers in question could be had brought to Parliament House for my con- relationship only to legal issues and, pos- fidential Perusal here. The Premier sibly, to any question of misdirection by agreed that would be in order. The the presiding judge to the jury in the Minister for Police brought up some original trial and any appeal to the Privy papers, but unfortunately they were not Council would be upon the same basis. the papers I had sought; they were not Obviously the original trial was carried out the papers which the C.I.B. had prepared in accordance with the law, so there cer- this year in connection with the appeal tainly would be nothing achieved by an made on behalf of Beamish to the Court appeal to the Privy Council. of Criminal Appeal. They were papers (Debate interrupted. Continued on associated with Beamish's trial originally. page 1764) (ASSEMBLY.)I

* SCREENING OF FILMS The second part of the question was- The SPEAKER (Mr. Hearman): Before (2) Of those offences in respect leavinig the Chair, I draw honourable of which he claimed to be the members' attention to the fact that some Perpetrator, which have been films of an instructive nature are to be accepted as having been his shown in the Library alter tea commenc- responsibility and which have ing at 6.45 p~m. It is anticipated that the not? films will be completed by 7.30 p.m., when The answer to that question is as fol- the House normally would meet again. lows:- However, in order to make quite sure that (2) The offences referred to in we can meet reasonable requirements, I (a) and (b) above have all shall leave the Chair until the ringing of been accepted as being the the bells. responsibility of Cooke. One Sitting suspended from 6.15 to 7.40 p.m. of the four offences of assault as mentioned in (c) above- ERIC EDGAR COOKE that is, assaults on females- Alleged Off ences is not accepted. Mr. HAWKE: Mr. Speaker, I under- Of the 30 offences referred to stand the Minister for Police now has in (d) above-that is break- answers to some questions asked of him ing and entering offences-lo earlier in the day by the honourable mem- were not accepted. ber for Balcatta. I am willing to give way DARRYL BEAMISH far the moment in order that the replies to the questions might be given by the New Trial, and Deferment of Erico Edgar Minister. Cooke's Execution: Motion The SPEAKER (Mr. Hearman): Subject Debate resumed from an earlier stage to the Leader of the Opposition being pre- of the sitting on the following motion by pared to have his speech interrupted, and Mr. Hawke (Leader of the Opposition): with the concurrence of the House, I will That in the opinion of this House allow the Minister for Police to give the the Government should introduce a answers to the questions asked. Have I Bill to grant Darryl Beamish a new the concurrence of the House? trial before a judge and jury and as Question put and-there being no dis- Eric Edgar Cooke would be a vital sentient voice-passed. witness, his proposed execution should Mr. CRAIG (Minister for Police): This be deferred. information was delayed because Mr. HAWKE: The affidavit which Cooke of the research involved, so much swore, and in which he claimed to have so that a senior member of the committed the murder for which Beamish C.I.., who was concerned with had previously been found guilty, covers the inquiries, had to be recalled some 16 pages of single-line typewriting. from annual leave in order to sup- When one reads this affidavit, irrespec- ply answers to the questions tive of whether one thinks Cooke commit- asked by the honourable member. ted this crime or otherwise, one Is astound- The first question asked was- ed by the detail In It, and especially by the (1) Apart from the charges of sequence of the story as set down in the murder or wilful murder document. which were preferred against him, what other offences of Anybody not knowing the history of the Beamish case. but knowing of the murder any nature whatsoever have at Cottesloe, and who then read this affi- been ascribed to Eric Edgar davit. would not have the slightest doubt Cooke? Cooke had committed the crime. At this The answer to that question is- stage I do not want to go into the affidavit (1) The following offences had in any detail, but I would hope some time been ascribed to Eric Edgar this week, before this issue Is decided in Cooke- the House, as many honourable members (a) The unlawful wounding as possible will have a look at it. There is in this affidavit even a fairly detailed of Rowena Reeves and plan of the flat in which Miss Brewer Nicholas August. lived, and in the bedroomn of which she (b) Five offences causing was done to death in such a brutal bodily harm to women by fashion. running them down with motor vehicles. There is also a statement by Cooke in the affidavit regarding some keys which (c) Four offences of assaults he obtained when in the flat, and which on females causing bodily he hid in the flat, or outside the flat, so harm. that whenever he came back he could (d) Thirty breaking and en- get them and go in and do whatever he tering offences. pleased, or try to do whatever he pleased. [Wednesday, 21 October, 1904.] 1765-

The occasion on which he claims to he reversed his round and delivered a bottle~ have taken the keys was some time of milk to Jillian Brewer's flat between before the actual murder was committed. 2 a.m. and 2.15 am. From that some honourable members might think that as Cooke had been In That was the time approximately at the vicinity on earlier occasions he would which Cooke claimed he was in the fiat naturally have a very good understanding and when he also claimed he saw this of what was in the flat. and how the fiat bottle of milk. That was the only occa- was constructed and, consequently, with sion on which the milkman in question any sort of memory at all would, some had delivered a bottle of milk that much considerable time later, be able to draw earlier than he had delivered the milk with a fair degree of supplies to those folk previously. So there accuracy an outline must be some very considerable signifi- of the flat and of many of the details in cance in the fact that the milkman de- relation to it. livered this milk on that particular early Another point which I want briefly to morning at the time Cooke claimed he mention at this stage is that Cooke was in the flat and saw the milk; or claimed that his victim before dying had Cooke was in the flat soon afterwards gurgling noises in the throat and spoke but considerably before the normal time three words; the words being, "Who is it?" at which milk would be delivered down I will make considerably more reference there. I will have something more to say to that later on. Mrs. Cooke said she about that later on. recalled that her husband was out until the early hours of the morning on the There Is, as I said earlier, an amazing night that Jillian Brewer amount of detailed information in the was murdered. affidavit on which, if Cooke had been I agree there need not be anything arrested for this crime, and without any- specially significant In that, because from one else having been arrested previously, what we know Cooke was out all night, he would undoubtedly have been found until well into the early hours of the guilty-and unanimously I should think- morning, on many occasions. However, it by any jury before which he was tried. Is a fact from the statement as given by There cannot Possibly be any question Mrs. Cooke: and it at least demonstrates about that. that Cooke could have been at Cottesloe, A minister of religion by the name of and could have committed this crime on Prestage Lucas Sullivan swore that he the night in question, or the early morn- requested an opportunity to talk with ing in question. Eric Edgar Cooke on several occasions In I referred to Mrs. Cooke's statement the month of September, 1983; and only to show that it was at least possible further that on the 18th day of Septem- for Cooke to have committed this eritn. her, 1963, in the presence of Det. Sgts. Then we find that Cooke in his affidavit Neilsen and Dunne, Cooke informed him claimed that he travelled on a bus which that he had killed three Persons other was driven-and this is on the night in than those with whose killings he had question-by a man he knew; and he been charged at that time. He also said gave the route on which he travelled in that in respect of one such killing a man this bus. He also gave a description of was serving a sentence in the Fremantle the driver and said he thought his name prison. was Bob. That. I think, has some significance Subsequent inquiries proved beyond any because it shows that as far back as shadow of doubt that the person in ques- September, 1963, Cooke confessed, or made tion did drive this particular bus on the a statement, to this minister of religion night in question and on the particular to the effect that he had, in fact, been run when Cooke claimed to have been responsible for killings in addition to those travelling on the bus to get to Cottesloe. with which he had been charged: and Another very significant thing which needs that one of them was the killing at brief reference at this stage, and further Cottesloe which is, of course, the subject reference later on, is that Cooke claimed matter of the motion now before the that on the night of the murder when allegedly he was in the flat of the victim. House. he noticed a small bottle of milk which There are a number of matters which had been obviously delivered by the are worthy of consideration in connec- milkman because it was near the door. tion with this matter, but it is not prac- He claimed this was at the time he was ticable. I think, in the situation in which In the flat and attacking Miss Brewer. we find ourselves to mention all of them, George Northcote who was at that time and certainly not to deal with many of the milkman in the area, and who may, them in detail. When Cooke was arrested for all I know, still be the milkman in it was found he was wearing tight-fitting the area, said he delivered milk to the flats ladies' white gloves and, according to of .Tilllan Brewer and her mother. He also what one can read, Cooke always operated said it was his usual practice to deliver with gloves on his hands, the obvious pur- milk between 4 to 5 a.m. to these flats, pose being to leave no fingerprints. Bea- and that he clearly remembered the night mish made no claim whatever to have of the murder and that on that night operated at Cottesloe with gloves; and it [ASSEMBLY.] is very significant, I think, in this situa- I am not criticising the members of the tion to know that no fingerprints were C.I.B. at all in this matter. We all know left in Miss Brewer's flat at Cottesloe on they have a difficult job to do; and we the night or early morning when the crime all know the community expects them to was committed down there. pursue their inquiries to the greatest pos- sible degree; and the community, I think, One would have thought that had ea- would forgive any member of the C.L.B.. mish committed the crimne-I am not say- if forgiveness was necessary, for putting ing he did not, because that is for some- all the reasonable pressures at any rate one else to try to establish should this upon any suspect. I think if we just dwell motion succeed-there would have been on the situation for a moment--a situa- plenty of fingerprints in the flat: yet as tion in which Beamisli was under constant far as I have been able to ascertain from questioning-we can realise how difficult. these papers there was not one fingerprint. If not how impossible, his position became. The fact that Cooke was always careful to wear gloves seems to present a thought I have quoted his statement about look- -nd idea-that Cooke could quite easily ing in a private motorcar garage for have been the person responsible for com- money to indicate that his -answers to mitting this crime and not Darryl ea- some of the questions were, to say the mish. least of them, queer. Another remarkable feature of this case is that Beamish's Reading further through the papers, it statements-they were made through an is clear that the reply given by Beamish interpreter-appear to have been all ac- to the detectives as to where he obtained cepted, 100 per cent. as being true-as the axe was off the beam, so to speak. being facts-even though quite a number Beamish claimed he obtained the axe of the things which he said were obviously off the woodheap and the facts, as they wrong or could be proven to be wrong are set out in the succeeding papers, show and were proven to be wrong. clearly that the axe was not on the wood- However, when Cooke comes along-an heap but was found where Cooke claimed acknowledged killer; a confessed killer; a that he threw it after he had Committed man who had killed another woman in the crime. the metropolitan area in the same brutal. Mr. Tonkin: Were any fingerprints maniacal style as Miss Brewer was killed found on the axe or hatchet? -and claims to have committed this crime at Cottesloe, a super magnifying glass Is Mr. HAWKE: I understand none at all. put upon everything he says for the pur- When the detectives were questioning pose of finding some weaknesses in this Beamish down at the flat and in the long statement of his; for the purpose Of vicinity he, Heamish, eventually led the trying to find some contradiction; for the way out of these premises and into Wilson purpose of trying to ridicule him and es- Street and around to No. 4 Renown tablish a degree of falsity in regard to Avenue and pointed to a garage at the some of his statements. back of the premises and led the way up the grass verge alongside the cement drive It seems to me that the approach on and pointed to the floor of the garage the one hand is largely contradictory to as the place where he got the hatchet. the approach on the other hand. I think Leitch-I am sorry to express it that way, if the statements claimed to have been but that is how it is expressed here-I made by Beamisli-and I have no evidence would prefer to say Detective Leitch if naturally to say they were not all made that be his proper title-asked Beamish by him through the interpreter and care- why he had gone to the garage and he fully and accurately noted down-were replied he was looking for money. given the same searching examination on the basis of logic and all the rest of it, Surely that is a strange statement for many of them could have been criticised Beamish to have made-that he went into on the ground that they were not logical; a garage looking for money. It is not that they were not in sequence; that they a public garage or a business garage; it were contradictory, and all the rest of It. is a garage at a private home and it is But, as I have said, a very severe method very difficult to know why Beamish would of examination seems to have been con- have made a statement of that kind. centrated upon some of the things which I want to break in here to say that Cooke said. Beamish, in his case, started very far be- In addition, where it has not been hind scratch, as any person suffering the Possible to howl Cooke out in any way or disabilities from which he suffers would to undermine his statemnents-afld this start. This young man was, and is, I un- applies to some very important statements derstand, deaf and dumb. Clearly be would which he made-those statements appear be hundreds of yards behind scratch in to have been just brushed aside with some facing up to the situation which developed generalisation in regard to them. I pro- around him. I think honourable members pose later on to give a few instances of of this H-ouse would, in the great majority. that. at any rate, agree that a person with all Coming back to Beamish's statement, it his faculties would find a situation of this was claimed that Beamish had not made kind very difficult. any reference to the cut across the throat (Wednesday, 21 October, 1964.1 1767-16 of the victim in question and the com- The Chief Justice-in part of the state- mnent there from the Chief Justice is, I ment he made when he was declaring as think, not very impressive. Another one of the justices of the court of statement was that Beamish did not disputed returns which rejected Cooke's accurately say where he had disposed of claim to have committed this crime and the tomahawk over the fence until Leitch therefore rejected the appeal made on had asked him a series of questions; and behalf of Darryl Beamish-made the fol- the comment there is not very impressive lowing comment in connection withi the either. Then there was the question bus driver:- about the dog not being injured; and the At most, if Cooke's story could be comment there Is- accepted it puts him in the neighbour- Miss Brewer's dog had a very dis- hood- tinctive bark. The theory that it was that is, the neighbourhood of Miss only winded is based on what Beamish Brewer's flat at Cottesloe- said, namely, that he swept it up a neighbourhood where he might be against the door jamb and pushed the prowling any Saturday night. He may door against it. If such were the case have been in this area on the night it would not necessarily he marked. of the Brewer murder. If it is true If an excitable dog such as this were that Cooke recognised the driver of there, then with the attack on his the bus (as Cooke says he did) on an mistress and the profusion and smell occasion when he said he went down of blood, one would think he would to Nedlands by bus, a liar such as have set up a furious barking if he Cooke could quite easily be speaking were capable of doing so. of some other occasion. So far as the Cooke's claim there is that he was a bus driver is concerned he is not called sort of expert in keeping dogs quiet; and to say he saw Cooke, perhaps like the he claimed he had developed this facility majority of mankind he could not re- because of the large number of places he member even if he had. visited, mostly for the purpose of robbing The Chief Justice then goes on to com- money from houses and, to a lesser extent. ment about the episode relating to the for the purpose of killing people. He milkman. He says- claimed he had no difficulty In quietening But the episode of the milkman, any dog which happened to be around the Mr. Burt says, place. I mention here that Miss Brewer's that is; Mr. Burt, Q.C.- dog was supposed to be a very great barker when any strangers came into the locality so clearly establishes that Cooke was yet, on the night of the murder at Cot- in the area that the whole strength tesloe, there was little or no barking. of the Crown case against Beam ish although one witness did say she thought is affected once it is accepted. she heard one or two barks in the early The Chief Justice goes on to say- morning. I cannot follow such an argument. He then goes on to say- Another important issue which arises ini The signal falsity of this alleged con- connection with this case is a, claim by Cooke that when he was in Miss Brewer's fession in regard to the main details fiat and after he had attacked her and is so striking as to stamp Cooke's knocked her unconscious, he looked story as perjurious. around and found a purse with some coins We all know Cooke was a liar; and would in it. I think he said there was an amount to Heaven he had been no worse than that. of 4s. 7d. in the purse, with a cheque made Unfortunately he was much worse than out to Miss Brewer for £6. He named the a liar. He was a brutal murderer; one of coins; he specified the coins. As I re- the very worst type possible. member it, he said there were a single As I said earlier, he admitted, after 2s. piece, two single shillings and a six- being arrested for a later killing, that he pence. He was not sure whether the six- had been responsible for a similar brutal pence was made up of one coin or two murder at South Perth some considerable threepenuny pieces. time before the attack on Miss Brewer. No-one seems to have been able to find So it is not enough for anyone to say that out whether the police found the purse or Cooke is a liar. He is a liar undoubtedly did not find the purse. This naturally and beyond any possible shadow of doubt would be a very vital consideration in the or argument. That is established. But whole issue. If a purse were found in the the faqct that he is a liar does not mean fiat the next morning or later in the that he does nob sometimes tell the truth. morning on the day on which the crime His confessions in connection with a was committed, then clearly the claim by number of other murders, which had not Cooke under that heading could be put up to the time of his arrest been solved, to the test relating to the amount in the were accepted as being factual, truthful, purse in coins and also relating to this and incriminating against him; and I am cheque; and I will have something more absolutely bound to think that had no to say about. that probably at a later stage. arrest been made previously in connection 1768 1768[ASSEMBLY.] with the Cottesloe murder, Cooke's con- claim that Jilian Brewer spoke a fession in relation to that crime would few words after he had allegedly have been accepted without any shadow attacked her with fatal results? of doubt. I think what the Chief Justice had to The answer was, "Yes." My next question say about the bottle of milk does not was- destroy the validity or the truth of what (2) If so, who wade the inquiry? Cooke said about it, if what Cooke said The reply was-- about it was the truth; and the evidence Inspector appears to be overwhelming that what (then Detective -Sergeant) Cooke said was the truth. So we cannot H. D. Burrows and Detective-Sergeant destroy the truth as spoken by someone. A. J. Parker. if reasonably and clearly it is the truth, Question (3) was%- Simply by saying "the chap who said that Which medical man, if any, supplied a Is a liar." All we do, 'when we say that report? Bill Smith is a liar, is to say he is a liar and to prove it; but by saying it and prov- The answer was-- ing It we do not automatically destroy the A verbal opinion was obtained from truth of a thousand things he might have the Police Medical Officer, Dr. A. T. said about a given situation. Pearson, I want to quote again from the com- Question (4) was- ments of the Chief Justice. Before I do What information was contained in so, I do not want anybody to gather the the report? idea that I am setting myself up as greater than Sir Albert Wolff in situations of this The answer was- kind, or as his equal or anywhere near his The medical opinion was that, whilst equal. This is what he has to say at it was most unlikely that the de- another stage- ceased would have been able to speak One of the most incredible state- after receiving the throat injury, it ments concerning the killing of Brewer was not impossible. as described by Cooke is the detail which he gives of going out of the Question (5) was-- flat to dispose of the hatchet-sus- Was the report or the essence of it pending operations during the killing. Placed before the judges who consti- Perhaps I should break in here to say tuted the Court of Criminal Appeal that Cooke claimed he bashed his victim in this case? into unconsciousness and then went out Amazingly enough, the answer to that of the fiat to dispose of the weapon. I question was, "No." The following day- am now quoting again from the state- which is today-I asked the Premier mnent of the Chief Justice. without notice six questions to which he At this time Brewer had received gave replies. I will now read the ques- severe wounds on the scalp which tions and the replies. Question 1 was- must have rendered her unconscious. (1) Did any officer of After a lapse of time Cooke says he the Crown Law returned and set about stabbing her Department this year obtain ad- with the scissors. Describing the girl vice from a doctor or doctors re- he says with lying detail: "Every garding the claim by Eric Edgar breath she took made a rattling noise Cooke that Jillian Brewer, before in her throat and she awoke and said dying, had spoken a few words in 'who is it'-in a very slow manner." his presence? All honourable members have been in- The answer was, "Yes." Question 2 was- terested. I hope. in the questions which I If so, what was the essence of such have submitted, first to the Minister for Police and later to the Premier, in con- medical advice? nection with this tremendously vital point The answer was- as to whether miss Brewer did have these Initially that speech was impossible in noises in her throat and as to whether the circumstances, but subsequently, subsequently she did say those three words. after research and further considera- I want to read to honourable members the tion, that speech was highly improb- questions I asked of the Minister for able but not impossible. Police on Tuesday, and his replies. My first question was- Question (3) was- (1) In connection with the C.I.B. in- Was the advice so obtained placed be- quiries carried out this year re- fore the Police Department or com- lating to the appeal made to the municated to any of its officers? Court of Criminal Appeal on be- half of Darryl Beamish, was any The answer was- inquiry carried out by a member it was communicated to the police of the C.I.B. or other police officer officers in charge of investigations in in connection with Eric Cooke's the case. [Wednesday, 21 October, 1984.1 1769,18

Question (4) was-- speaking, if not some strong action, front, Was it placed before the Court of the Government to the officers specifically Criminal Appeal which this year concerned. heard an appeal on behalf of Darryl As far as I can see, there seems to be* Beamish against his conviction for the another weird situation in one of the an- killing of Jillian Brewer? swers given to me today by the Premier.. The answer was-- There may be some underlying reason for, No, because the opinions expressed it; there may be some arrangement as to, were equivocal and while they would maintaining confidence between the doc- not in any way confirm Cooke's state- tors and the departments, although the ment, they would not positively dis- answer states that if counsel for Beamish prove it. Therefore, no useful purpose requests the Crown Law Department te could have been served by placing the supply the names of the doctors concerned, par- they will be supplied. The fact that Par- opinions before the court. On the liament, through the Leader of the Opposi- ticular matter, Cooke himself later tion up to this stage, requests these names gave evidence contradicting his previ- to be made available does not seem to ous statement. mean a thing. Question (5) was- From whom was the advice obtained? Mr. Graham: Yet it was vital. Mr. HAWKE: I will read again the The answer was- appropriate question and the Premier's Three doctors including a physician appropriate answer. This question (5) specialist and a thoracic surgeon. was-- Names could be supplied to counsel for Fom whom was the advice ob- Beamish on request. tained? I will come back to that one. Question 6 And the answer was- was- From doctors, including a physician For what purpose was it obtained? specialist and a thoracic surgeon. The answer was- Names could be supplied to counsel To test Cooke's veracity on this par- for Beamnish on request. ticular point. Why should these names be supplied to I want to protest very strongly about counsel for Beatnish on request and not this situation. In the first place, the be supplied to Parliament on my request? C.I.B. was In possession of the opinion of On the surface at least that situation the police medical officer, Dr. Pearson, on seems to be very strange indeed. I think. this vital point; and for reasons biest too, the answer to question (4) shows aL known to themselves they did not have very shaky approach by the Crown Law this information placed before the Court officer concerned. I will read the appro- of Criminal Appeal. Had they done so, priate question and the appropriate -an- His Honour the Chief Justice could not swer on this. The question is-- possibly have fallen into the very serious, Was it- if not grave, error into which he fell in that is, the advice obtained from these making the statement to which I referred medical men. Continuing- a few moments ago. I now propose to -placed before the Court of Criminal quote that statement, as follows:- Appeal which, this year, heard an Describing the girl he says, with appeal on behalf of Darryl Beamish lying detail- against his conviction for the killing With lying detail! Continuing- of Jillian Brewer? -"with every breath she took she And this is the answer- made a rattling noise in her throat, No, because the opinions expressed and she awoke and said. 'Who is it?' were equivocal. in a very slow manner." I am sure the Deputy Leader of the Oppo- I would have thought, also, when the sition would say that my pronunciation Crown Law officer knew that information this time was more correct than ray first was being sought in this Parliament on pronunciation. The answer said that the- this issue he would have made the in- opinions were equivocal, and it continued- formation available to his appropriate -and while they would not in any Minister for Lt to be sent to Parliament, way confirm Cooke's statement, they but that did not happen. It became would not positively disprove it." necessary for me to. continue to try to Breaking in there, the situation appears- find out what medical'opinion the gov- clearly to be that what Cooke claimed to ernment departments concerned had in have happened could have happened; was their possession. This information had to physically possible of happening. I will be dragged out; firstly, from the Police read again the last part of the reply by Department and, later, from the Crown the Premier to question (4)- Law Department. To me, this appears Therefore, no useful Purpose could to be a most disturbing. situation and one, have been served by placing the opin- on which there should be some very,. strong ions before the court. , [ASSEMiBLY.)

That is an extraordinary attitude to adopt! a declaration of innocence from the Court I should think the Chief Justice (Sir of Criminal Appeal. We should know the Albert Wolff), would have considered the names of these doctors. Their names and placing of such information before the standing in the medical profession are ex- court to have been extremely valuable in tremely important features of this situa- guiding the judges as to what value they tion. might place on this part of Cooke's affi- In connection with the answer to ques- davit. I am sure it would have been a tion (4) there is something else we valuable guide to them in relation to the should know. It will be recalled that the view they would have expressed on this answer to my question as to whether this part of Cooke's confession. It is almost medical advice was placed before the Court a million to one on that had these opinions of Criminal Appeal was, "No, because the which the Police Department obtained opinions expressed were equivocal." I am from the police doctor, and which the not sure whether all of these opinions were Crown Law Department obtained from obtained at approximately the same time three outside doctors, been brought to from these doctors. light, the Chief Justice would not have It could be that the Crown Law Depart- .said in his summing up, as he did- ment in the first Place obtained an opinion Describing the girl he says, with from a doctor who may have, for all I lying detail, "With every breath she know, supported Cooke's declaration 100 took she made a rattling noise in her per cent. On the other hand, he may not throat, and she awoke and said, 'Who have supported his declaration at all. is iT in a very slow manner." Nevertheless, we should know whether all 'When we find that vital matters of this these medical opinions were obtained at kind have been kept away from the Court the same time and, if not, we should know of Criminal Appeal we must feel some- the order in which they were obtained. what disturbed about the situation. After We should know the contents of them in a)] is said and done, the life and liberty detail; and I think, in fairness to all con- of a human being is involved in this situa- cerned, we should know the names of the tion. And I am not talking about Cooke; medical men who gave these opinions I am talking about Beamish. He has been unless there is some very good reason why found guilty of a heinous crime and, their names should remain unpublished. through his legal representatives, he was There would not appear to be any such fighting for what he believed to be his good reasons because the Premier, In his right to be declared innocent of the crime reply to question (5) said the names of for which previously he had been found the three doctors could be supplied to guilty. So his life and his liberty are counsel for Beamish on request. Pre- at stake. sumably, if counsel for Beamish requested the Crown Law Department to supply him In reply to that it is not sufficient to with these names they would not be sup- say he was not condemned to death; he plied In confidence. So if it is all right was not organised for execution. The fact for the names to be supplied to counsel is that he Is in prison and, In the normal for Beamish on request, why is it not all course of events, will remain there for a right for them to be supplied to Parlia- great number of years, which means that ment on request? What sort of situation a large part of his life has been destroyed, are we getting into when the highest court and that for the whole of the period he is in the land-which is Parliament-cannot Incarcerated in prison he has lost all of get information on request, when that his 'liberties. information can be made available to Surely the members of the C.I.B. and someone in the city on request? the Crown Law officers-I do not know Mr. Fletcher: it is because we are a who they were or are-moust have had a Labor opposition. realisation-although it does not look like it-that this appeal by Beamish through Mr. HAWKE: There is not much room his legal representative was almost life in this discussion for levity, or for any and death to him; and therefore, even degree of humour, but the reply by the though the C.I.B. officers and the Crown Premier to question (6) is a bit tall, if I Law Department officers may have felt may. with some restraint, put it that way. they had fairly and squarely obtained Question (6) was-- a conviction against Beamish In the For what purpose was it obtained? original trial, surely they were bound in conscience, in fair dealing, in equity, and That is, for what purpose was the medical In justice, to place before the Court of advice obtained: and the answer to that Criminal Appeal every possible point, feat- question was-- ure, and associated angle they could obtain To test Cooke's veracity on this in the inquiries and investigations they particular point. had made. If the opinions were obtained to test The fact that they failed to do so seems Cooke's veracity and the opinions did not to have prejudiced very seriously the destroy his veracity and did not break It standing of the prisoner who was seeking down at all, why was not the medical [Wednesday, 21 October, 1954.) 177Tvy advice in question put before the judges convicted murderer who has con-- of the court of Criminal Appeal? I am fessed to. and has been accepted by Inclined strongly to think that had the the Crown as guilty of four separate. medical advice been the other way it would homicides amounting in each case to have found its way quickly into the Court wilful murder, in addition to the,- of Criminal Appeal hearing, because it murder for which he has been con- would have destroyed Cooke's veracity on victed. It is that he has been shown this particular issue and would have during his cross-examination to be a broken it down. Then the remarks which palpable and indeed a self-confessed. the learned judge made on the issue would liar. This accords with the opinion, have been thoroughly justified; whereas, in expressed by Dr. Ellis, the Director the present situation, and in view of the of Mental Health Services, that his medical opinions which have been given inordinate desire for attention, spring- by the Pollee Department's doctor and by ing from his necessity to bolster up three very eminent doctors in private his shaky self-esteem would lead him Practice, the learned Chief Justice has to exaggerate facts and tell lies if he been allowed to be misled-if I1might put could thereby attract notice, But even it that way-into a wrong conclusion, and to say that Cooke is an obvious liar into making a statement which is not does not conclude the matter, because correct. the ultimate question is whether his Underlying the view of the three judges, confession Is Itself credible and of suf - which they emphasised all1 the time in ficient cogency to justify setting aside their summing-up and delivery of their a conviction entered after a regular judgment, was that Cooke was a liar and and proper trial. could not be believed in relation to any- In the later part of what I have just thing; that he was a man of no credit at quoted I think the learned judge takes a all; and that anything he said was untrue reasonable stand. The view that Cooke and should not be regarded as having any has an inordinate desire for attention truth or merit. I shall quote three or four springing from his necessity to bolster up statements later on to emphasise what I his shaky self-esteem which would lead have said in this regard. him to exaggerate facts and tell lies, if he could thereby attract notice, does not I quote again f rom the remarks of the necessarily prove anything In relation to Chief Justice, Sir Albert Wolff. He said- the Jiulian Brewer murder. Surely by this The remarkable feature of this case time Cooke was getting all the attention is that the evidence of similar offences in the world; he was headline news; and is being introduced in a self-serving news about him was broadcast over the way, not against Cooke but with radio and television. Cooke's active and zealous assistance I have no doubt he was getting plenty to try and lend some colour to a of attention in the Eastern States news- perjurious tale. papers, and probably in some Overseas Cooke bad been found guilty of murder. newspapers. He was the central object of I think there was only one wilful murder attention; most of it was of a type which charge preferred against him, and he had earned him the death sentence he received. confessed to the other crimes. So quite The fact was he was receiving tremendous rightly it could be said that he was a sort attention. Whether or not it bolstered up of professional killer; but surely the fact his shaky self-esteem I do not know: nor that he committed these offences. similar do I want to find out. The fact that some to the one at Cottesloe for which Beamish mental authority made that statement was held to be guilty, is not introduced by about Cooke Proves nothing at all in rela- Cooke in an endeavour to lend colour to tion to the situation with which we are the lying stories which, it Is alleged, he confronted. told in connection with the crime at Cot- Further on Mr. Justice Jackson had the tesloe. following to say:- His statements or confessions about several murders were accepted on the basis Much of his written statement re- of what he had said or confessed; vet lates to prowling about the vicinity of the flat before midnight on the because he claims to have committed the night of the murder and on various crime at Cottesioe it is said that his claim occasions during several weeks before to have committed the other similar then. There Is no reason why this off ences is being put forward to try to should not be factual. It could have lend some colour to his perjurious tale. I been that he caught the bus in Stirl- must admit I am not able to accept the ing Highway about midnight and that reasoning of the worthy Chief Justice on it was driven by a man he knew by this point. sight and that he left the bus in Mr. Justice Jackson, in one part of his Nedlands to continue his prowling in summing-up, had this to say- search of money, and there is no rea- It has been amply demonstrated son to doubt that at same time, that that Cooke himself Is a witness of no night he stole the motor car belpi-t'ing credit at all. It is not merely that to Mr. Leader and later abandm)cd he suffers the discredit of being a it. 1772 1172ASSEMBLY.)

Later on Mr. Justice Jackson had this to through the flap of the back door say about the purse which Cooke claimed between 2.00 and 2.15 an. that he found in the flat on the night of the morning, although it was his usual jnurdcr in Cott~sloe- practice to deliver there between 4.00 The matters referred to are his and 5.00 am. Counsel for the appel- claims to have seen two milkmen In lant very naturally placed great stress Lne vicinity; to have seen an electric on this matter, contending that it frypan on the sink in the kitchen; was beyond the possibility of fabrica- to have found nearby a zip purse con- tion. I do not seek to minimise the taining some small change and a importance of Cooke's reference to the cheque in favour of "J. Brewer" for milk bottle, and the milkman who £6; and to have found a bottle of milk delivered it, but it is by no means inside the back door. But the frypan impossible that he has recollected could have been seen on anothe these incidents from another occa- occasion. In a photo taken the next sion in the vicinity or at the flat morning, it is not then on the "drain- itself. ing section of the sink," but on the It is a startling coincidence that the bench top of some low cupboards be- milk was delivered early on this par- tween the end of the sink and the ticular night, but I am unable to find ref rigerator. This discrepancy may it a sufficient authentication of the not be Of much significance. There confession to outweigh in my mind the is no Independent evidence of the overwhelming evidence that it is a -purse at all. it may have been there fabrication. on another occasion, or it may be an I think there Mr. Justice Jackson is very Ornamentation to his tale. The later much impressed in Cooke's favour in re- alternative finds some support in the lation to the bottle of milk incident, but variation between what he said in finishes up by saying that although it Is a bis written confession and what he startling coincidence he is unable to find said on being cross-examined in Court with regard to the purse. In the it of sufficient importance to outweigh the former he said he put the purse back belief in his mind that the confession as where he found it, either on the sink a whole is a fabrication. or the cupboard. In evidence, he Well, I do not think this is a coincidence said he did not remember where he at all. Cooke stated most clearly in his left it, though he thought it was on affidavit and in his confession that this the room divider. In passing, it seems bottle of milk was there at three o'clock -strange that Cooke should pause to in the morning, or approximately three examine this purse if he was then o'clock. The milkman said that yes he bent on murder as he now says. had most unusually delivered the milk to Although Detective Sergeant Leitch Miss Brewer's flat between, I think it was was cross-examined, he was not asked 2 am, and 2.15 am. that day, whereas whether he found such a purse at the on all other mornings he had delivered the flat on the morning after the crime. milk to that flat somewhere round about We have nothing at all to show the 5 am. purse which Cooke claims was in the flat in the early morning of the crime was. I think I have already referred to a or was not there. No evidence was put statement Produced before the Court of forward by the Crown or the Police De- Criminal Appeal by a mental authority in partment to show whether there was, or this State. I want to quote something was not a purse there. Either there was, else he said which was placed before the or there was not. Surely in relation to a judges. It is as follows:- vital issue of this kind where Cooke's He- credibility could again be tested to some he is referring to Cooke- extent there should be something clear- cut and absolute from the Crown in rela- has a chronic long standing re- tion to this claim which Cooke made in sentment against society and shows his affidavit of finding the purse in the an inordinate desire for attention. His flat containing a 2s. piece, two single own self esteem is very shaky: it shillings, and 7d. made up of a penny and needs a good deal of bolstering up either a 6d. piece or two 3d. pieces, to- and I think that he would go to any gether with a. cheque for £6 made out in length to bolster his self esteem and favour of Miss Brewer. obtain the attention he requires. The desire for attention would lead him to Mr. Justice Jackson further on had this exaggerate facts and tell lies if he to say- could thereby attract attention. Cooke's reference to the bottle of milk inside the door (earlier he had That statement by the mental authority said there was a "small bottle of milk concerned does not prove anything and or a carton or something there") is has no relationship whatever to the situa- remarkable, because he places the tine tion with which we are concerned. Prob- at about 3.00 am. and there Is evi- ably, and maybe certainly, everything he dence that the milkman who served said about Cooke is true because obviously the flat had put a bottle of milk Cooke is an extraordinary character with [Wednesday, 21 October, 1964.] 1773 an amazing type of mind; and nothing too We are not in a position in this House bad. I imagine, could be said against or naturally, and more particularly in view about him. of the short time which has been available I come now to us to look at the papers, to say with to Mr. Justice Virtue, any degree of certainty that Beamish has and quote the following from por- rightly been found guilty or to say that ticni of what he had to say- Cooke did or did not commit this crime. This, then, is the background against However, I think there is reasonable which the confessions of this self- ground for saying that a considerable confessed liar and utterly worthless element of doubt has arisen. There can- scoundrel must be judged. not be a shadow of doubt that had Cooke Here again we can see that Cooke's affi- appeared as a witness in the Beamish trial davit and almost everything within it is and said the things he said subsequently being judged not so much upon the basis in his affidavit, the judge would not have of whether each particular statement- asked the Jury for a verdict. He would and there are hundreds of them in the af- have taken the authority upon his own fidavit.-is true, but more upon the basis shoulders, if he had the legal power to that Cooke is a self-confessed liar, worth- do so-and I am not sure on that-to less scoundrel, and murderer, and all the say the charge by the Crown had broken rest of it. down; the case for the Crown had no substance or foundation. Mr. Justice Virtue, and Mr. Justice Jack- son, or the Chief Justice, could not say If in that situation the case had been anything worse about Cooke than any of allowed to go to the jury for decision, I us feel about him or could say about him. would think a jury-any jury-would have but that is not the issue or test. The test been 100 per cent. unanimous in finding and issue is whether Beamish has been Beamish not guilty. Obviously Cooke was wrongfully committed, whether in fact not going to make any confession in re- Cooke did commit this crime. gard to this murder until he himself was Mr. Graham: Or whether there is a apprehended in connection with the brutal killings he was carrying out in the metro- reasonable doubt. politan area. So Cooke did not offer to Mr. HAWKE: Or. as the honourable be a witness at the Beamish trial, natur- member for Balcatta has said, whether ally; and I think it is not necessary to there Is a reasonable doubt as to whether expand on any explanation as to why Bearnish committed the crime or Cooke Cooke would not come forward at that committed it. I think most people in the time. He had not been discovered as a community if they could study this situa- killer at the time the case against Beamish tion and all the documents in connection was heard or at the time the jury delivered with it-and that, of course, is not a physi- its verdict and the judge pronounced cal possibility-would finally come to the sentence upon Beamish. conclusion that there is at least a serious, if not a grave, doubt in the matter. Mr. The situation, however, would be tre Justice Virtue concluded by saying- mendously different now if fleamish were, to be tried before a judge and jury as this It Is true that rather surprising co- motion proposes. I have a good deal of incidences have been pointed out, in additional Information here which proves particular that relating to the electric many of the claims made by Cooke in his frypan and the milk bottle. But all affidavit in connection with his claim that are capable of explanation consistent he was the person who committed this with his lack- crime at Cottesloe. There cannot be any that is, Cooke's lack- doubt that Cooke could quite easily in all of complicity in this crime. the circumstances have been the person responsible for this Cottesloe killing. I do not think they are capable of Therefore, in view of the doubt which explanation consistent with Cooke's lack must undoubtedly exist, and in view of the of complicity In the crime. I do not see vital issues involved, I move the motion how the milk bottle issue can be explained that in the opinion of this House the Gov- away. The electric frypan issue is not as ernment should introduce a Bill to grant convincing as the milk bottle feature. Darryl Beamish a new trial before a judge Nevertheless Cooke in his affidavit did and jury and as Eric Edgar Cooke would declare he saw an electric frypan on a be a vital witness, his Proposed execution table or on some part of the furniture, and should be deferred. no mention of this was made in the re- ports by the C.L.B. It was only after I want to make two things very clear. photographs had been published subse- I think I have already made one of them quent to Beamish's trial and after Cooke clear. This is not in any way an attack had made his confession and signed his upon anyone. This is not in any way an affidavit, that it was found for certain attempt to undermine anyone. This is, I that there was an electric frypan and on should hope, a reasonable approach to a the night in question it was almost exactly, tremendously important situation. As I or exactly, where Cooke said he saw it. said earlier, the life and liberty of a human 1774 1774[AS SKM LY.1 being is at stake. Even though Beamish the basis suggested tonight is to be fol- has not been sentenced to death, nor is he lowed, why Parliament, over all these likely to be-he cannot be- years, has set up a system of judgment Mr. Graham: He was sentenced to and of judiciary in order to ensure justice death. -impartial justice. Wbilst I do not desire to express any Mr. HAWKE: He was, but he cannot be opinion as to the guilt of anybody In the executed because the sentence of death cases now under consideration-certainly has been commuted to one of life im- not in respect of Darryl Beamish-I think prisonment. However, I would point out we should remember that the real objec- to honourable members that life imprison- tive of the Leader of the Opposition is to ment with or without hard labour is a request this House to bring down a special terrific penalty or burden not only for Act to ensure the retrial of, or which the person concerned but for many others will give a retrial to, Darryl Beamish. outside of the prison. I think it is well that we should have This young man was, as I pointed out, a look at our own system. Under our hopelessly behind scratch, in this case, system of justice-and by the way this because of his great natural disabilities. has lasted for a long time in many coun- I said then, and I1 repeat now, that any tries, and, as far as I am aware, without one of us with all our faculties, brought any real criticism-we know that the re- up in that same situation, would be trial of a. criminal case can be held only battling to establish ourselves in a position under an order of an appeal court. Once where we might escape being strongly again that is indicative of the system that under suspicion, where we might escape has been set up that this Parliament does arrest, where we might escape from a not sit In Judgment right from the begin- verdict similar to that which was brought ning, or at the end, of any of the trials in against Beamish in this case. and inquiries that we have heard of here The second point I want to emphasise over recent months or recent years. is that this is neither essentially, nor in There are two methods of approaching any degree, a move to favour or benefit the appeal court for such an order-an Cooke. Cooke is only incidental to the order for a retrial. One is by ordinary overall objective which I have in mind appeal as a right, or as a result 0'! special in bringing forward the motion. He is leave. under sentence of death and is due to be executed. I imagine the members of this The second line is by petition to the Government are not likely to waver or Minister for Justice under section 21 of change in any degree in their attitude to the Criminal Code, and he then can refer have him executed. So, clearly, it would the appeal to the Court of Criminal Ap- seem Cooke will in due course be executed, peal, which would try the case as an ap- and I do not want to be involved in that peal by the convicted person. argument in connection with this motion. I think the House should also be reminded that In regard to the principle As I said earlier, even the affidavit of Parliament having over ali these years which Cooke has sworn could not be ad- ensured that decisions of this nature be- mitted in evidence in the event of Parlia- long to the courts and should remain with ment moving for a new trial for Beamish the courts of the land, under the law even and the move being successful. So, for the executive government itself cannot Beamish to have any reasonable opportun- ity in a new trial, if one were granted, it order a retrial, but is allowed only to refer is essential that Cooke be available as a the matter to an appeal court, and it is witness to be thoroughly examined, and for that court or, on appeal, a higher intensely cross-examined, especially on court, to decide whether or not In the cir- those issues which so far have not been cumstances a retrial should be ordered. destroyed in the portions of his confession Beamish was convicted In 1961 and he and affidavit to which I have referred exercised his rights of appeal to the during my address. Court of Criminal Appeal and then to the High Court of Australia. Earlier this year, MR. BRAND (Greenough-Premier) at the request of the Minister for Justice, [9.17 p.m.): The Leader of the Opposition under section 21 of the Code, the Court has been speaking for some considerable of Criminal Appeal again covered the case time, and in the main he has read from of Beamish in the light of the alleged con- the evidence that has been transcribed, fession by Cooke. Very little reference, if from certain papers which are now in this any, has been made tonight to this particu- House and which were made available to lar action; that the whole of this business him, and from information which he has has been referred by the Minister for Jus- obtained generally. But in what I have tice, under his powers, to the Court of to say it is not my intention to endeavour Criminal Appeal. to sit in judgment on the evidence given from one side or the other. Mr. Hawke: I talked about that all night. The Leader of the opposition did say Mr. BRAND: Not actually this point. that this is the highest court in the land; Cooke, as a matter of fact, was brought and so it Is. But one would wonder, if from gaol-something which I understand [Wednesday, 21 October, 1964.] 1775 is rather rare-and was put under very action of ordering a retrial, then is it not close examination; and the court treating fair enough, where there has been a de- the matter as a further appeal by Beamish, cision made on circumstantial evidence, again dismissed the appeal. From this for this Parliament to debate the case, decision the High Court of Australia, after and each and every one of such cases. Of bearing counsel for Beamish, refused leave course it would be! to appeal. Mr. Hawke: Not unless there were special Beamish, of course, then had the right circumstances. to appeal to the Privy Council, but as yet Mr. BRAND: I should imagine there no action has been taken in this regard. would be special circumstances in many of Since the last decision of the High Court, them. no further petition has been presented; and therefore it seems to me in view of Mr. Hawke: Bring them forward. what the Leader of the Opposition has said Mr. BRAND: There is no doubt, how- tonight, and having regard for several of ever, that in the past it has certainly been the special points which he raised, we Proved a most unwise decision to make; might consider he felt there was new evi- that is, to have a retrial following all the dence, and this petition might be again put lines of appeal which are open to counsel forward. and to those who are accused. If there are any substantial grounds for Mr. Hawke: Even innocent men have retrial which have not yet been considered been banged. by the appeal court, the proper course Is for Beamish, or his advisers, either to Mr. BRAND: That may be so; but the apply for leave to appeal to the Privy fact remains that if Parliament, if there Council, or to follow the line of a new happened to be a Parliament of the day, petition. Neither of these courses has been considered the matter, those men who followed, and now we see what can be taken were hanged and who were allegedly in- in the true sense of the word as a political nocent, may not have been saved. I am move. I am not talking about a party quite satisfied that the wisest thing is to political move, but a move in this House. leave decisions of this kind in the hands of and as far as I know, and as far as my the courts and the judges of the land. advisers can obtain information, it is with- I am armed with certain information out precedent. which I would like to pass on later-it is It is surely not for the Government, or not my intention to speak at any great anyone else, to usurp the functions of an length-but before doing so I want to appeal court in respect of a decision as to make it clear that the Government wishes whether or not anyone should have a re- to ensure that any retrial of Beamish trial. Surely this is essentially a matter should be fair in all respects. In the for the courts alone; and it has always event of a petition being presented, and been accepted as such as far as I know. in the event of a decision being made by In any case, I do not think a political de- the Minister, we want to ensure that if cision, if you like to call it such-a de- a retrial results from these actions it will cision as between one side of the House be fair in all respects. Therefore, if a and the other-is a reasonable substitute retrial should be ordered by the court, and for a judicial decision, particularly in a should Beamish's advisers request a legis- matter of this kind. lative amendment to enable the production The Leader of the Opposition, as I have in evidence of Cooke's alleged confession said, raised a number of points, but I do and subsequent sworn evidence in court not intend to debate the question of the proceedings, the Government will intro- milk bottle, or the axe handle, or the visit duce a Bill to give effect to the request. to Cottesloe, because I believe it will get The questions which the Leader of the us nowhere. This could be argued for Opposition has asked me over recent days days in the House; and if there is any un- have had regard for possible new evidence certainty about decisions already made by -for some new matter. The motion which the courts of the land, then surely the de- he has moved tonight has included some cisions that we came to here would also information which would lead us to be- be very much open to query or to ques- lieve that he thinks a vital matter in any tion. Therefore it would seem obvious that decision that is made for a retrial Is the we should strictly adhere to the form of evidence of Cooke. Alter some exhaustive decision that we have long had in this inquiry and discussion the Government is country. Prepared to go to the point of making Mr. Tonkin: Even though it may result available and ensuring that the court's in an innocent man remaining in gaol. affidavit and the evidence is available to the judge in the event of a retrial. Mr. BRAND: As the Deputy Leader of the Opposition has said, this query could Mr. Hawke: You mean Cooke's affidavit. be applied, I daresay, to a number of cases Mr. BRAND: Yes. which have been decided over many years; and if it is good enough, and right, for Mr. Hlawke: You said the court's aff- this Parliament, to suddenly take the davit. [ASSEMBLY.)

Mr. BRAND: Did I? We hear so many On that occasion it was the Chief things said about him that it automatic- Justice, the senior Puisne Judge, Sir Law- ally makes one think of his name at other rence Jackson, and Mr. Justice Virtue. On times. Therefore it is no wonder that I the 11th September, 1964, Beamish applied made the mistake. to the High Court for special leave to ap- I believe this undertaking of the Gov- peal from the decision of the Court of ernment will dispose of one of the main Criminal Appeal. The court forthwith re- queries and one of the main reasons for fused the application. On this occasion the the Leader of the Opposition moving his court consisted of five justices of the High motion tonight. I want to ensure that Court including the present Chief Justice, the House understands the history of the Sir Garfield Barwick. appeals. I have already explained-in what It is noteworthy that not once in any the Leader of the Opposition said tonight of these five proceedings did any judge was a long answer to a question-what the express a doubt as to the guilt of Beamnish. position was. I think it was necessary to In the Reasons for Judgment handed give that answer and the details of the down by the Chief Justice of the Supreme various appeals and decisions that have Court of Western Australia, following the been made leading up to this point. reference of the petition to the court earlier this year, His Honour goes to some The Beamish case has been before the pains courts on five to analyse the evidence in the trial separate occasions. The of Beamish, and to assess the weight of original trial was before the Chief Justice the and a jury in the Supreme Court of West- case against Beamish. At the con- ern Australia, and the trial extended from clusion of his survey His Honour said- the '7th to the 15th August, 1961. Beamish Was it a strong case? In my opinion, was defended by counsel and the jury it was. Between Leitch and Beamish unanimously found him guilty of the stood Mrs. Myatt, the social welfare wilful murder of Jillian Brewer. The worker. immediate reaction of the trial judge on I Presume that was the same Leitch re- the verdict being returned was to com- ferred to by the Leader of the Opposition ment that in his opinion the verdict was tonight. amply justified by the evidence. Mr. Hawke: Yes. Beamish appealed from his conviction to the Court of Criminal Appeal and the Mr. BRAND: His Honour went on- appeal was heard on the 19th, the 20th It is Inconceivable that this woman and the 21st September, 1961; and on the would lend herself to the villiany at- 20th October of that year, the court tributed to her by Beamish. She unanimously dismissed the appeal. On had been his friend. She was de- this occasion the Court of Criminal Appeal scribed as a woman of excellent consisted of three Justices but did not character by Mr. Love, the school- Include the Chief Justice. teacher in charge of the Deaf and Beamish applied to the High Court of Dumb School at Cottesloe where Australia for special leave to appeal from Bearnish had attended. Mr. Love had the decision of the Court of Criminal known her for many Years and he Appeal. The High Court of Australia described her as one of the best per- heard the application on the 11th Decem- sons to understand Beamish's expres- ber, 1961 and forthwith refused it. On sion of signs, lip-reading and gestures, that occasion the High Court consisted of and said that Beamish could under- five justices, including the then Chief stand her well. Justice. Sir Owen Dixon, a very highly respected judge of this land. His Honour then lists the heads of evi- dence which he regarded as being of great Then there was a reference of the significance and concluded- petition to the Court of Criminal Appeal on the 4th February, 1964, and the Min- In my opinion the case for the ister for Justice, in the exercise of his Crown was of great probative discretion under section 21 of the Criminal strength; such criticism as has been Code, referred a petition by Beamish, levelled I have dealt with. The criti- based on alleged fresh evidence, to the cism Is no different from what one Court of Criminal Appeal. It was there- may expect to find in any case where, after dealt with by the court as an appeal, as here, the bulk of the evidence car- and that appeal was heard by the court ries conviction. on the 27th February, and then on the I think we should bear in mind the point 17th, 18th, 19th, and 20th March, 1904. made by the Leader of the Opposition and The alleged confession of Eric Edgar the emphasis he placed on the words that Cooke to the killing of Jillian Brewer was were alleged to be spoken by the murdered before the court on this occasion and woman after her throat had been damaged. Cooke was examined by both the Crown I have been questioned and, naturally counsel and the counsel appearing for and quite rightly, I have given the answers Beamish. The court consisted of three as advised by the advisers to the Govern- justices of the Supreme Court. On the ment in this regard. But, as I say, Cooke 22nd May, 1964, the court unanimously himself altered his evidence and denied dismissed the appeal. what he had* said. In short he said, [Wednesday, 21 October, 1964.] 177777 finally, he was not sure whether she spoke matter. The proceedings occupied several before he struck her on the throat or days, and in addition to the written con- afterwards. fession of Cooke, the court had the ad- Mr. Hawke:, This was after 16 days of vantage of seeing him in court and hear- by the C.I.B. men. Ing him uinder cross-examination. The close questioning court was required by law to make some Mr. BRAND: That is quite true. I am assessment. not sure whether it was 16 days; but is Mr. Graham: The only thing is that the not that a matter for the courts? is it jury has not heard it and made not right for the counsel for both sides a deter- to cross-examine in that regard? mnination. Mr. Tonkin: The court was not told of Mr. BRAND: The Jury made the original the medical evidence. decision. Mr. BRAND: As the matter bad been Mr. Graham: But the jury has not discussed and had been the subject of heard the matter since Cooke's confession, cross-examination, was it not up to the or alleged confession. counsel for Beamish to seek the evidence. Mr. BRAND: Not one of the judges had if any evidence of this kind was of value? anything to say in favour of Cooke or his Mr. Tonkin: Someone must have con- evidence. I would like to read to the sidered it of considerable Importance to House a sample of the comments made by men. the judges in their reasons. Whatever get the opinion of four medical Cooke says in evidence surely cannot be Mr. BRAND: Perhaps that is so . if accepted now that it has been rejected so that was the action taken why did not the often. counsel for Beamish do the same thing? Mr. Graham: Not by a jury. Mr. Tonkin. How would he know?) Mr. BRAND: The jury which made the Mr. Graham; Would he know? original decision set off by its decision a Mr. BRAND: Of course he would. train of appeals, and that Is what the' law Mr. Tonkin: How? of the land provides for. It also provides for a retrial if the Court of Criminal Mr. BRAND: He would know for the Appeal so rules; and surely this system same reasons that anyone else would know. must apply to stop irresponsible action. Mr. Tonkin: Why did you offer this We can understand relatives and others, evening to tell the counsel the names in the event of their dear ones getting into of the other doctors when he asked for trouble, following any line that is open to them. them. I assume that way back in the Mr. BRAND: That is so. dim and distant past the laws of the land were so made to ensure that only a com- Mr. Tonkin: Obviously he does not petent court of appeal could demand or know them. order a retrial. The SPEAKER (Mr. Hearman): Order! Mr. Graham: This move was not Mr. BRAND: The only reason why we initiated by the Bealnish family. do not want to disclose the names of the Mr. BRAND: A retrial can be given if doctors is that I feel by disclosing the such evidence and new information con- names here they become public property. vinces the Minister that a retrial or an The names can be made available appeal to the court is necessary. The through the counsel for Beamish, In con- Chief Justice, in reference to Cooke, fidence, If they are required. said- Mr. Davies: Why in confidence? Out of court he can, he thinks, lie Mr. BRAND: I should sayjin fairness to as he likes and he does so. In court lpeople like this who are called upon to his handling of the truth is no differ- conduct examinations. ent... According to you he And, of course, the changing of the Mr. Graham;, stories is something which points to already knows. the inference that he is a gross Mr. BRAND: I feel they could be given fraud.. to the counsel in confidence. Having seen him and heard him Mr. Graham: You might be surprised trying to explain these discrepancies if he did not know the names. he emerges (not unexpectedly) as a Mr. BRAND: I am not aware of that. low, cunning liar who, when cornered, I have no knowledge of the situation and will say anything to try and escape I am simply passing on the advice I have from a denouement. . in this regard. I1 think that Is a F'rench word which, I As regards Cooke's alleged confession. think, mneans climax or outcome. To con- following the reference by the Minister tinue- for Justice of Beamish's petition based *When asked why he omitted to 'give on the alleged confession by Cooke to the these details he said he had "played Court of Criminal.Appeal, that court con- it shrewd' for Just such an occasion ducted an exhaustive inquiry into the as - this:: a-, circumstance which he 1778 (ASSEMBLY.]

thought might Prompt more enquiry result of questioning of myself, then that and so cause delay in his execution can be made available to counsel on both which he says he regards as cer- sides. Everyone is aware of all the points tain ... raised tonight, and if they have not been The signal falsity of this alleged placed before competent jurisdiction be- confession in regard to the main de- fore tonight then they can become evi- tails is so striking as to stamp Cooke's dence through a petition for a new appeal; story as perjurious... and, if they prove successful, for a retrial. The confession is obviously fabri- That is what the honourable member for cated. That conclusion is inescap- Balcatta wants, and it is what can be able... done. I do not see how we as members of Parliament can sit in judgment on de- The account he gives is so circum- cisions made by judges of this land and stantially inaccurate and so obviously suggest that we scrub them; that they fabricated in the light of previous are wrong. statements and the irrefutable evi- dence in the Beamish trial, that no Mr. Graham: We are not thinking of Court could conscientiously disturb judging. the verdict against Beamish and order Mr. BRAND: What does the honourable a new trial... member suggest we are doing, If we are not saying that the decisions of the courts What firm and sweeping words those are! are wrong? To continue- The claim by Cooke to have Mr. Graham: This man has been con- murdered Brewer is so obviously con- victed of murder. cocted and the evidence against Mr. BRAND: There is no doubt that the Beamish so strong that one cannot, motion suggests that the courts of the by any course of inductive reasoning, land are wrong, and that we should take reach a conclusion that Cooke prob- the matter into our own hands and order ably killed Brewer.. a retrial. If these proceedings have necessi - Mr. Graham: We say there is sufficient tated much time and work they are doubt. nevertheless justified as exposing to Mr. BRAND: Through the Minister for the public the perjurious machina- Justice there has been a decision of an tions of Cooke and establishing the appeal to the Court of Appeal; and again falsity of his claim to have committed Mr. Cooke himself has been brought from the Brewer murder... the Fremantle gaol and cross-examined. We then have the findings of each of Mr. Graham: His testimony has never these judges, but I do not propose to been heard by a jury. waste the time of the House by proceeding any further. I do want to stress, however, Mr. BRAND: His testimony can be heard that nothing the Leader of the Opposition if, through a competent Court of Criminal has said tonight is new. If it is obvious Appeal, a retrial can be obtained. and worth-while evidence for this House Mr. Graham: Or an application to the to take the drastic action suggested by Privy Council. the motion, surely It must have been Mr. BRAND: This is the law of the land obvious to the counsel for Beamish in his and I oppose the motion. many inquiries and through the various courts. Mr. Graham: You would! Surely the references of the Leader of MR. TONKIN (Melville-Deputy Leader the Opposition, and even those references of the Opposition) (9.51 P.m.): I want to by interjection by other honourable mem- make it clear at the outset that the Oppo- bers, were so obvious that a counsel of sition is making no judgment in this case high standing would have had them at all. examined again and again on behalf of Mr. Brand: 'What is it basing its case Beamish. I think It only proves the point I am trying to make that I do not believe. on? nor does anyone really believe, that this Mr. TONKIN: If the Premier will give move to decide in this House to order a me an opportunity I will repeat the points retrial against the evidence and all the which the Leader of the Opposition made decisions that have been made by the in substantiation of his case. But I say High Court, the Supreme Court, and the we are making no Judgment ourselves: we ma~ny courts in the whole of Australia are arriving at no conclusion. We are should be made against the findings of saying there are certain things which have the courts of the land. emerged since the trial which raise ser- ious doubts in connection with the matter. Mr. Graham: Submit it to a Jury. All we are asking is that the case be re- Mr. BRAND: As I have said, there is ferred back to the courts-not taken out a way in which this case could be sub- of the hands of the courts, but referred mitted to a jury, providing the judges back to the courts--in order that a judge can be convinced that the way should be and Jury may, in the light of further in- opened. If new evidence is provided as a formation available, give Bearnish a new IWedneaday, 21 October, 1964.1 177977 and perfectly fair trial. The Premier said that he saw an electric frypan; and, in that the evidence against Beamish was fact, there was one there, in almost the strong. Let me remind you, Mr. Speaker, position in which he said he had seen it. that it was completely uncorroborated But that information was not earlier evidence. The only evidence against brought forward before the court. I am Beamish was his own evidence; his own very much concerned about the statement confession; the confession of a person of that Cooke made in his confession about immature mind; of one who is little more the noises the dying girl made and the than a child. That is the evidence; that words she uttered. At some stage or other is the supposedly strong evidence upon in the inquiry, and in the checking of the which he was convicted. There is not a confession somebody must have thought tittle of evidence from any other source. this of very vital importance, and not I do not regard that as strong evidence. something to be regarded as trivial or ac- Cooke's confession was considered in the cidental; because firstly there is the opin- light of the judgment which had been Pre- ion of the Government Medical Officer viously made on (Dr. Pearson), and subsequently we are Beamish. He had already told-and I know that the counsel for been found guilty on a unanimous decision Beaxnish did not know this as the Premier of the court, strongly supported by the asserted-that three other medical officers trial judge. That was the situation when were asked for their opinions regarding the confession came along. this matter. So one can quite readily appreciate that the attitude, the natural attitude, of those So four medical opinions were obtained. then called upon to determine the question That suggests to me that somebody some- afresh would inevitably be biased by the where must have regarded this as im- fact that a unanimous decision had al- portant, or must have been looking for an ready been made, and a person found opinion which he was failing to get. guilty. I submit it would have to be most The most remarkable thing about it is extraordinary evidence that would cause that these opinions were not placed before the Judges to reverse such a decision so the court: and the explanation is that they quickly and prove that the previous deci- were regarded as being so equivocal that sion was completely wrong. they would be of little value. What right That is probably the explanation why had the Person who withheld the informa- everything Beamish has said was accepted tion to make that decision? That was a as fact, while every possible attempt was decision for the judge; and had he been made to discredit those parts of Cooke's given the opportunity to make that deci- confession which did not completely co- sion, in MY opinion, Sir Albert Wolff could incide with the facts. But It is obvious not have made the remarks about this from the evidence that Cooke must have that he did. He used this as a prominent been Inside Jillian Brewer's flat at some point upon which he discarded Cooke's time; otherwise he could not have drawn confession as being a fabrication. He said the diagram he drew: and he could not that it emphasised what a liar Cooke was, have given the description of the rooms of as much as to say: he makes an utterance the flat if he had not been there at some which is a sheer impossibility. Now the time to see them. medical evidence does not say that at all -very far from it-and I cannot imagine If he had been there at some time we that the learned judge, who is not a medi- cannot discount the possibility that that cal man, would, if he had had the opinion time was on the night of the murder. of four medical men on this very point, When we add to that the fact mentioned make the statement which he did as being by the Leader of the Opposition of the a Point to prove that what Cooke said milk bottle, which Cooke said he saw at a was impossible. certain time and which he could not have seen at that time on any other morning, Surely the mere fact that that was that suggests that the time he got this withheld from the court would, in most knowledge of the flat was on the cases, certainly in a number of which I night of have read, cause the judge to order a re- the murder; the night that the milkman trial. All we are asking is that the case said he delivered the milk early. go back before a judge and jury so that He then mentioned the existence of an the evidence can be listened to and con- electric trypari in the flat. Nothing is sidered. and a decision made. Surely hon- said about it until it is brought out acci- ourable members must have met dozens of dentally because at the trial in the crim- People who at some time or other have inal appeal new photographs were pro- expressed the opinion that in their view duced which were not produced at the Beamish is not guilty. 1, myself, have earlier trial; and in these new photographs met this situation dozens of times. Of there appeared the frypan which Cooke course, it is pure guesswork; it is a con- had mentioned in his confession. He could clusion to which people come after con- have guessed it; it could have been a shot sidering circumstances; and it is remark- in the dark: it could have been a coinci- able how many people hold that view, not dence. We do not know. But what is a only the man in the street, but prominent fact is that Cooke said in his confession legal men with judicial minds who have [ASSEMBLY.) given consideration to the various aspects present obstacles because it is impossible in this matter; and they are of the opinion to get around the legal Points in order that Beamish is not guilty. to achieve the objective; and these I had some experience myself with appeals which have taken place following deaf mutes when the area where the the conviction of Beamish have been school for the deaf is situated was within limited because of legal restriction. That my constituency. I was a frequent visitor is what we want to try to avoid. Our to the school for the deaf and I have met legal advice is that we would meet dozens and dozens of those unfortunate the same difficulty if the case went to the people. I have been struck by their desire Privy Council because it would be decided to try to guess what one wants them to be- on a question of law as to whether the lieve and then to give one the answer they trial judge had misdirected the jury, or think one wants, because one cannot make something of that nature. That will not oneself properly understood. Therefore I meet this situation. do not find it difficult to believe that a We feel the only way in which the young man like Beamish with an immature existing situation may adequately be met mind, and with the inflictions that he has is for an opportunity to be provided for got, would under severe cross-examination such information and such evidence as -and it would be severe; and I am not is now in the possession of the counsel complaining about that because the police for Beam ish, to be Presented before a have their job to do-say all sorts of judge and jury and given consideration things which may not be true. by them. I have had children at school admit to Time would not permit of the readipjg very small crimes which they did not do; of the various aspects in Cooke's confes- and I have no doubt the honourable mem- sion, which all deliberately point to the ber for East Melville has had a similar fact that he must have been in the pre- experience of children admitting to having mises and that he knew a good deal about stolen 3d. or 6d. from somebody else and what was happening in those premises. one finds subsequently that the money was Where he got his information from I am not stolen at all. I see the honourable not in a position to say. member for East Melville smile; and that indicates to me he has had the same ex- Mr. Brand; Wouldn't the judges have perience I had myself. Beamnish was little heard and the High Court? more than a child in many respects. Mr. TONKIN: One thing the judges did Our feeling here is that there are doubts not hear was that the opinion of four in the community and points have emerged medical men was sought on one point in which heighten those doubts. Our con- the confession: and none of those opinions sciences could not be clear unless we made was placed before the court. some move to provide an opportunity for Mr. Hawke: The High Court would the matter to be gone into once more. only decide on questions of law, wouldn't I found the greatest difficulty in fol- it and not on the merits? lowing the Premier in the method he ex- Mr. Court: They have the whole trans- plained which was available in order to cript before them. obtain a new trial. I first of all came to the conclusion when he started off that Mr. Craig; Didn't the Crown Prosecutor there was no method by which it could raise this point? be done at all. I think that was what Mr. TONKIN; This is another aspect he said: that all the known methods ex- that surprises me: I like to read the cept the appeal to the Privy Council had Sherlock Holmes series with mystery in been exhausted. them; and also like to watch on the Mr. Brand: Or a new petition based on television those stories where lawyers are new evidence. I said that. operating. invariably, when the police arrive at the scene of a murder, they make Mr. TONIKIN: My information was that an inventory of the place. Apparently in the way was not open for a fresh petition this case it was not done. One asks why? -that that had been exhausted. The Because if it were done it would be pos- information conveyed to me from a legal sible Immediately to say there was no source is that the only way, failing an purse there or there was a purse there appeal to the Privy Council, is for Par- and this was in it. But apparently the liament to Pass a Bill to provide for a police were not in a position to say new trial. whether there was a purse or whether Mr. Hawke: That would be before a there was not. Is that not odd to say the judge and jury. least? Mr. W, Hegney: No other way. Mr. Craig; Are you sure they did not take an inventory? Mr. TONKIN: We have all seen where cases have failed through legal tech- Mr. TONKIN; That is what I am nicalities. It is very true that man-made advised. laws are not perfect and, in some in- Mr. Craig: Are you sure they did not stances, instead of assisting they only take photographs? [Wednesday, 21 October, 1984.] 1781

M~r. TONKIN: It is a strange thing Yet here we have a confession, with cor- that within the last few days in answer roboration in a number of points, and it to a question asked by the Leader of the is brushed aside because it is given by Opposition about this very point, or in a liar. Well, of course, that is niot the information which was supplied to him- basis of judging any statement in a court. I am not sure which-the answer was Cogency and logic are points which count. given that it is not possible to say whether Mr. Brand: Don't you think any of the or not there was a purse. judges took that into account? Mr. Craig: You are saying they did not Mr. TONKIN: I read all that they said take an inventory? about it and it is obvious they did not. Mr. TONKIN: What I am saying is Mr. Brand: Any of the judges any- that it is odd they were not in a position where, in any of the courts? Surely they to say either that there was a purse or would assess a situation impartially and that there was not-and somewhere or have regard for the points you are rais- other, I do not know where it is, that is in ing! print. Mr. TONKIN: Well, it does not appear Mr. Craig: Yes. that way- Mr. Brand: It does not matter if it Mr. TONKIN: I say that is odd, because appears that way. all the experinece I have had in a matter of this kind, invariably when the police Mr. TONKIN: -in the statements they arrive on the scene, they take an inven- made. I read carefully the statement of tory of what is there. each judge on this matter, and the judges did not put it out that way at all. They Mr. Craig: That is so. rather took the attitude that "this confes- Mr. TONKIN: I do not know whether sion was made by a liar and he cannot that was done on this occasion or not, be believed". but if it were done surely the police would Mr. Brand: I don't think they would be in a position to say that they took an say that lightly, or come to that conclusion inventory and found a purse such as without a firm belief, surely! Cooke subsequently described, or say Mr. TONKIN: To follow this line of there was no purse, or say they found thought, and I think it is most import- a purse and its contents were so-and-so. No mention of that, so far as I am aware, ant- was made at the trial of criminal appeal: Mr. Brand: Follow it where you like; and surely it would have been a strong it won't convince me. point either for or against Cooke's con- Mr. TONKIN: Of course, that is an fession to be' able to prove or disprove unfortunate attitude for the Premier to what he said in that particular instance. adopt. I repeat that it seems to me somewhat Mr. Brand: It is not. I have faith in odd that the police did not deal with that aspect, and they were not in a position our judges. either to prove or disprove it. Mr. TONKIN: Well, judges have made So when we add these things up-the mistakes before. reference to the milk bottle; the reference Mr. Brand: Of course they have. to the purse; the reference to the frypan. Mr. TONKIN: And they will make them which only comes out accidentally when again. a further lot of Photographs are produced to show that the frypan is there-one Mr. Brand: Of course they will; and so would have thought that when Cooke's will you, although you might not think confession was being dealt with before the SO. judges, that point, although it was in The SPEAKER (Mr. Hearman): Order! favour of Cooke's confession, would have I call on the honourable Deputy Leader of been mentioned. Cooke said in his con- the Opposition. fession that there was a frypan. Well, we Mr. TONKINq: It is on record, and it found one; but that was not said, and cannot be disputed, that innocent men counsel for Beamish would not have known have been hanged before today. So it is there was a frypan there, as stated by no good having blind faith in judges. Cooke. if they had not seen the frypan in the second lot of photographs which Mr. Hawke: They are only human. were produced. Mr. Brand: That's right. Those are the matters which raise Mr. TONKIN: One has to make allow- doubts. They are not conclusive, we ances for other possibilities; and that is frankly admit; but they raise doubts where what we are endeavouring to do in this there should be no doubt; because, as we case. We say that there are doubts. I were told by the Premier earlier, at Beam- want to follow the ine of thought of ish's trial it was said that he was convicted the Premier when he said that it on the strongest evidence; namely, his own. would not make any difference to his 1782 [ASSEMBLY.]

opinion. The Premier knows that the Mr. Brand: The situation wasn't that Chief Justice, in giving his judgment, em- at all. phasised what a liar Cooke was, because he had given so much detail about the Mr. Craig: It wasn't that at all. noises made by the dying girl and the Mr. TONKIN: Is the Premier saying wards she uttered. that definitely? Mr. Brand: His reaction as to the lies Mr. Brand: I gave the answer to the was a general conclusion which he had Leader of the Opposition. come to. Mr. TONKIN: Do not dodge it. Mr. TONKIN: No. It was about this particular statement about- Mr. Brand: You are not cross-examnin- ing me. You are not the judge. Mr. Brand: It is no use talking to you. It Is so obvious that he had came to a Mr. TONKIN: No; but the Premier is conclusion. throwing out interjections to convey the opposite impression. Mr. TONKIN: -the noise in her throat and the words which she uttered. He took Mr. Brand: I am not. that as being so impossible that it high- Mr. TONKIN: I say there is an obliga- lighted what a liar Cooke was. Now on this tion on the Premier to deny unequivocally very point the opinion of no fewer than that some medical evidence was not given four separate medical men was obtained: to the effect that this was probable, or and having been obtained, the informa- even more than that. tion was not made available to the learned Mr. Brand: judge. Therefore, in making the statement We don't have to. It was which he did, he made it without the value supplied in answer to a question. of the medical testimony which was avail- Mr. TONKIN: It was not supplied in able and which was withheld from him. answer to a question. Mr. Craig: But was he not crass- Mr. Craig: You ask your leader. examined on that particular aspect? Mr. TONKIN: Why would the Govern- Mr. TONKIN: I do not think so. ment, which wants to be fair in this mat- Mr. Craig: He was. You read the tran- ter, want to dodge this issue? script. He was. Mr. Craig: There is no dodging it at all. Mr. TONKIN: Who was crass-examined? Mr. TONKIN: Yes it is. I am making Mr. Craig: Cooke. the definite statement that there was some evidence-some medical evidence- Mr. TONKIN: Did be know that his from one of the medical referees tendered statements had been referred to four medi- to the Government which was even cal men? stronger than what Cooke had said was Mr. Craig: He was cross-examined by probable. I am making that statement Crown counsel as to when he alleged the deliberately- girl made the statement, "Who is it?" Mr. Brand: Oh yes! Go on, make it: YOU Mr. TONKIN: Was any reference made make it. to the fact that this matter had been re- Mr. TONKIN: -and I say there is an ferred to four medical men? obligation on the Government to disprove Mr. Craig: Well, irrespective of that- it, which it cannot do. That being so, the fact that this evidence was not made avail- Mr. TONKIN: Was it? able to the court is most material in this Mr. Craig: -wasn't it sufficient for discussion; because with it before him Beamish's counsel to pursue the point fur- the learned judge could not possibly have ther? made the statement he did. Mr. TONKIN: The point I am making Quite a number of years ago there was is that through somebody's failure this a case on the goldfields where there was information was not made available to the a disagreement between a man and his wife learned judge. That is a fact; and, what about her going out at night. She wished to go to some entertainment which he did is more, it is a very important fact. not desire her to attend. But she went. Mr. Brand: If the evidence of, say, the The next morning, round about 6 am., medical people had been available to the when she went down to the kitchen to light Chief Justice-where they said it was the fire, her husband followed her down, highly improbable but it was possible- got behind her, grabbed her by her hair, would that have changed the opinion of pulled her head back and cut her throat, the Chief Justice and the opinions of the and let her fall on to the floor. other judges, do you think, regarding the According to a published statement at veracity and the propriety of the- the time, the man said that his dying Mr. TONKIN: But supposing the medi- wife said to him, "Go for a doctor." and cal evidence was that it was not only pos- he answered. "You are beyond a doctor's sible but highly probable, what would the aid, Marjorie." There was a woman with situation have been then? her throat cut, bleeding to death. That [Wednesday, 21 October, 1964.1 1783 man was not subsequently brought to Mr. Court: The Premier has very clearly trial because it was considered he was pointed out what machinery would be insane. I understand he is still in Clare- available. mont mental hospital, if he has not since Mr, TONKIN: He started off by saying died. there were no means of obtaining a new I mention that because it shows that trial. Cooke's statement with regard to this dying woman speaking was not impossible. Mr. Court: He said that a petition could I am further Informed that there Is a doc- be presented under section 21. tor in the city who has a man under Mr. TONKIN: That was half way treatment who was seriously injured in through his speech, after he led off by a motorcar accident. The man has a saying that Executive Government could serious injury to his neck but he is able not do it and that all wiays had been to speak. The injury to his neck is a exhausted. similar injury to that which Jillian Brewer suffered when she was struck on the neck Mr. Brand: It could be done through with the hatchet. an appeal court after a petition had been presented. Speaking of the hatchet brings to my mind another point in support of Cooke's Mr. Court: The Premier made it very confession. Cooke, in his confession, said clear. that when he hit the woman on the side Mr. TONKIN: How many appeals of this of the head with the hatchet, the handle kind can be presented? Is there any split. When the hatchet was subsequently limit? found in the place where Cooke Said he put it, it had a split handle; and what Mr. Court: There is no limit at all: and is even more in support of his statement, if you can put up a petition with sub- there were no fingerprints on it. It was stance the Minister of the day can known that Cooke operated with gloves. then submit it to a court of appeal. It because when he was apprehended reach- will make a decision as to whether there ing for a rifle which was wired to a tree. will be a new trial by judge and jury. he had on tight-fitting women's gloves. Mr. Brand: That Is right; that is what If Beamish had been operating with the I said. hatchet-nowhere has there been any evi- dence that he wore gloves--would not his Mr. Court: It could be done half a dozen fingerprints have been found on it? Is times. it not likely? But it is not surprising that Mr. TONKIN: I would like to know the no fingerprints were on the hatchet if section of the law which provides that Cooke used it, because it was known that there will be no limit to the number of he operated with gloves. appeals that shall be made when fresh evi- When one finds these Points, one after dence becomes available. the other, strengthening the confession of Mr. Court: You read the Act yourself. Cooke. one's doubts are considerably The Premier has said that It is not heightened, and that is the situation in restricted to one. But there has to be which the Opposition finds itself. Because a Petition and there has to be new mate- of these doubts, we think that in the in- rial. terests of justice they ought to be resolved. Mr. TONKIN: The Premier has used as The Premier said Executive Govern- his argument that if we were to do as the ment cannot provide a new trial. of course Leader of the Opposition has suggested it cannot; we know that. But having it would be without precedent. What does said that, he then said that If a new Peti- that matter? Everything that is done a tion were brought forward it would be pos- first time is without precedent. sible to have a new trial. I do not know how that is going to be arranged. The Mr. Jamieson: Cooke's crimes are with- legal advice given to me is that apart from out precedent. an appeal to the Privy Council the only Mr. TONKIN: The fact that something way Is for Parliament to pass a Bill for is without precedent is no argument against that purpose. doing it: otherwise nothing would ever be Mr. Graham: That would be better legal done. advice than the Government has obtained, Mr. Hawke: Nothing new. based on previous experience. Mr. TONKIN: There is a very wise say- Mr. Brand: I suppose It is the same legal ing which can be applied to the present advice you got. situation and it is this-- Mr. TONKI: Let me pose this question: The world advances and in time out- Suppose, by Some miracle, absolute and grows the laws that in our fathers' indisputable proof were forthcoming with- day were best and doubtless after us in the next 24 hours that Beamish could some purer scheme will be devised by not possibly have comitted this crime. men wiser than we, made wiser by our what machinery would be available to experience and the constant growth of provide a fresh trial? truth. 1784 1784ASSEMBLY.]I

Having that in mind, why should we be Mr. OLDFIELD: The High Court upheld worried about precedent or the absence the decision made by our own judges. of it if we are satisfied that the course of action we propose to follow Is the correct Mr. Brand: I accepted their deci- and just one to follow? Precedents are all 5l on. right as a guide as to what might be the Mr. QLDFIELD: Of course the Premier proper thing to do; but we should not be bound band and foot to them and say, did! He had no alternative! "We cannot do this because there is no Mr. Brand: Next time I will go to you. precedent for having done it." That is just too absurd. That shows the closed Mr. Graham: You could do worse! mind. Mr. OLDFIELD: In fact, the honiourable I hope that this question will be member for Melville proved to be far more viewed dispassionately in the light of reliable in his interpretation of the law the points which have been advanced: that than the Government's advisers, or the there are many coincidences which are too advice the Government desired to obtain. numerous to be explained away as being In this instance it is not a case of Parlia- mere coincidences. The existence of these ment deciding whether Beamnish is guilty would be sufficient to say, "Let the man or not guilty. As the law stands, in the cir- have a fresh trial." It is not for us to cumstances, it is for this House to make the decide. Let a judge and jury decide on decision whether Beamish is to be given all the known evidence brought forward a fresh trial. It is then for the jury to for consideration. decide his guilt or Innocence; and, if The ACTIN4G SPEAKER (Mr. Cromme- he is found guilty, for the judge to lin): I have to inform the honourable determine the sentence. We are not argu- member that his time has expired. ing whether he Is guilty or not guilty. We are only putting forward sufficient facts to Mr. TONKIN: No-one would be harmed show there is considerable evidence avail- by that evidence. able to indicate there Is a great deal of doubt In this case, MR. OLDFJELD (Maylands) 110.36 If the evidence which is now available pi.m.]: It is hard to understand the atti- had been presented to the jury at the tude of the Government in this instance, initial trial in August, 1961, I have no because this Is a case completely without doubt that the jury would have found parallel in the history of Western Austra- Beamish not guilty; or, if it had been iia. Also, I feel the Government may have available at the time of the Court of been misinformed by its advisers either by Appeal, I am sure the appeal would have mistake or by design. been successful. If there Is evidence Mr. Brand: By what? available now which was not available at Mr. OLDFIELD: I said, if not by mistake, the time of his original trial, and which by design; it can only be one or the other. would have had a material influence on the jury's decision, the person concerned Mr. Brand: I was not advised deliber- is entitled, under British justice, to be ately to do anything of the kind. It is given the benefit of the doubt and be most unfair to stand up under privilege granted a new trial in order that the jury and say these things! Go outside and say might judge whether he is innocent or them! guilty, as the case may be. Mr. OLDFIELD: There is no other evi- There are many gaps to be filled in deuce- this story. Earlier this evening the Leader Mr. Graham: It is a pity the Premier of the opposition and the Deputy Leader does not show some concern for a boy of the opposition pointed out certain who has been found guilty when there is factors which have not yet been satisfac- some doubt about it. torily answered. For instance, there was the question of the bottle of milk. Also, Mr. OLDFIELD: This unfortunate being in Cooke's statement, there was mention has no recourse for a retrial before a about a purse with a cheque for £6 with judge and jury than by Act of Parliament. J. Brewer's name on it, and there was The Premier has made the statement Ihis the sum of £4 in notes which he stole, eveninq that he has faith in his judges. leaving the residue of silver made up of Mr. Brand: Haven't you? two 2s. pieces. and one penny, if My memory serves me correctly. There is Mr. OLDFIELD: It is only a short three also the story of the frypan.' Then, when years ago that the -Premier appealed to we come to the statement made by Cooke the Iligh Court of Australia against a that after having caused the injury to judgrn-nt of his own judges in the Supreme Miss Brewer's throat with the hatchet, Court. I should think that that showed a she spoke some words to him and made lack of faith in his own judges. gurgling sounds, I understand there is, Mr B3rand: I must have had faith in the in fact, some mntdical evidence and, in the judgr.; to whom I appealed. possession of the Crown, the 'opinion -of [Wednesday, 21 October, 1964.] 1785

one doctor that that is the natural re- girl being knocked down by a motorcar action he would expect from a person who, Cooke claimed, had been knocked struck with such a blow on that part of down by him, and for which Button is the body. serving a sentence. The only two murders There is also the case of the dog. in to which Cooke has confessed but has been the initial trial Beamish said he jammed disbelieved are the two where the police the dog between the door and the door have apprehended, charged, and obtained jam so hard that he thought he had convictions of Persons, prior to Cooke crushed the dog, and it lay so quiet that being apprehended. he thought he had killed it. But the Cooke confessed to 30 robberies after his evidence of Andrew flinney showed that apprehension, 20 of which the police said on the Sunday, about six or seven hours he did commit. The Minister told the after the crime had been committed, the House this evening that Cooke was guilty, dog was in good health and spirits! or was believed to be guilty, or that it was ascribed to him that, on no fewer than Mr. Graham: Not. a bruise! five occasions he deliberately ran down Mr. OLDF'ILD: There was not a bruise and injured by motorcar five different or mark on the dog. Yet this poor fellow women. This heinous monster who has a was supposed to have injured the dog In lust for debauchery; this criminal was such a manner that he thought he had capable of doing that, and the Crown killed it. In regard to this, Cooke said he believes he committed the five offences; had always been a good dog handler and but not in the cases where the police had be quietened the dog by patting it, as one apprehended people previously. often sees done to a dog by a good dog handler. I do not think the Crown or the Gov- ernment would need to have fear in this There was further evidence which does instance if a fresh trial to BeaMish before not altogether satisfy one about the con- a Judge and jury was granted. At all fession by Darryl Beamnish. In that con- times we pride ourselves on ensuring that fession is the statement that, after having the benefit of doubt is given to the accused. committed the crime, he violated the and that justice shall not only be done but body. However, the medical evidence at it must also appear to be done. I feel the trial showed that the victim was wear- quite strongly on this. The evidence ing an internal sanitary pad at the end which has come forward since Cooke's of the menstrual period which was intact apprehension, and the amount of Cooke's and had not been disturbed and there evidence which was checked and which was no sign of any spermatozoa on the was not made available at the Court of body or in the vagina. That is the Criminal Appeal hearing, are sufficient evidence that was given by medical men justification for action to be taken by the during the trial, and yet this fellow was Leader of the Opposition; I think it is supposed to have confessed that he had sufficient to justify the acceptance by the violated the body of the girl. Whether Government of the motion before us. and she was still alive or dead at the time, the passing of the necessary Act in order I do not know. Nevertheless the medical that a new trial might be brought about. evidence has shown that it was impossible Previous speakers have covered this case for him to have done what he confessed very well and have shown there is suffici- to have done. ent evidence or fresh evidence available to justify a new trial. As pointed out by various speakers, this Poor unfortunate deaf mute is also re- In conclusion I must say I am tarded in other ways. One often wonders a little concerned that the Crown did what he was trying to say or do. not put before the Court of Criminal Appeal certain evidence which we now Mr. Fletcher: He was without a tongue. know to be in its possession, and in Mr. OLDFIELD: Yes, he did not have its possession at the time of the trial, a voice and was able to converse only but which it did not place before the through an interpreter. In the confession Judges. That evidence would certainly his handwriting is comparable to the have assisted the judges to be more handwriting of a second grade school favourably disposed in their Judgment child, and his language and phrase- towards the accused who was convicted. ology is that used by a kindergarten Come what may, the question before the child, and yet it is supposed to be a signed House is whether we, as a Parliament, confession. should hide behind what is known as the One of the most disturbing features of process of the lawv or the established prin- this whole sorry affair is that out of all ciples of law; or should face up to reality the confessions which Cooke made, the and admit that at times mistakes can be Crown has found it expedient to dis- made. Mistakes have been made before, believe two of them only. In each instance and there are instances in other States it was a case of murder, one of the girl and in democracies--even in Great Britian, Jillian Brewer, for which Heamish is where the Mother of Parliament exists- serving a prison sentence; and one of the whereinnocent men have been hanged but 1786 786[ASSEMBILY.] were proven to be innocent subsequently. were found not guilty, it would have tre- There is more than one case on record mendous repercussions on this Govern- where mistakes have occurred, and they ment; certainly in the matter of its ap- can occur again. parently declared poicy of capital pun- In this instance the Government should ishment: because had the physical circum- allow its decision to be tempered by some stances of this young man been different semblance of mercy: it should be realistic he would have been hanged several years enough to face up to the fact that possibly ago. a mistake has been made in this case; it Perhaps one Is entitled to recite some or should agree to this motion, and take the circumstances which involve the Gov- action accordingly by introducing a Bill ernment and which, Perhaps, explain the at the earliest opportunity. attitude of the Premier and his contempt for his senior in this Parliament, so far MR. GRAHAM (Balcatta) [10.51 p.m.1: as service is concerned. I refer to the This, in my view, is one of the most serious Leader of the Opposition. matters ever to came before this Parlia- Mr. Brand: Don't talk utter tripe! ment. For that reason I am disturbed to think that the Premier had Prejudged Mr. GRAHAM: It is easy for the Premier the situation, had mapped out his course. to use extreme words. and had decided what should be his and Mr. Brand: You use nothing else. the Government's attitude, without first Mr. GRAHAM: Of course he proves bearing the case presented by the Leader nothing whatever. The Premier and of the Opposition. This move was not those who sit behind him as yes men are made capriciously; it did not emanate the least concerned that at present i" from a source of sentiment; and no ap- Fremantle gaol there is a young man- proaches were made by the family of Beamish-who, in the opinion of the Op- Beamish or persons closely associated with Position, following study and research: him. in the opinion of distinguished counsel: Indeed, the impulse was derived from in the opinion of those who are employed a person of considerable prominence and at Fremantle gaol: and in the opinion of standing in this community-a Person persons who have had a lifetime of ex- who I would guess, if I am entitled to perience with deaf and dumb persons, is hazard a guess, holds political sympathies innocent of the crime for which he has opposite to those I am pleased to support. been convicted. The representations of the Leader of the There are some of us who are not pre - Opposition, who has been Premier of this Pared to go to that length: but we do say State for a longer period than the present there is sufficient warrant for some incumbent: who has been a member of this measure of doubt in the minds of all of Parliament for an excess of 30 years: and us-a greater degree of doubt in the minds who has served for many years as I of' some, and a lesser degree in others. Minister of the Crown, in dealing with the Such being the case, and having regard fate of a young man after an exhaustive to the tenets of British democracy and the inquiry, are treated lightly by the Govern- British system of trial, surely in the ment, because the Premier had a prepared exceptional circumstances with which we case from which he delivered his remarks: are confronted there is call for exceptional this was the case prepared before he had action! heard one single word uttered by the Never before has there been a case where Leader of the Opposition. a person has allegedly committed a num- Mr. Brand: it was based on the prin- ber of capital offences, to wit the taking ciples concerned in this case. of the lives of fellow men and women, and confessed to a murder for which another Mr. GRAHAM: It was nothing of the Person has been found guilty, without any sort. evidence except his own say-so. That Is Mr. Brand: It was. the remarkable part about this case. It was only what Beamish said through an Mr. GRAHAM: Nothing of the sort! I interpreter in most incomplete and un- venture to suggest the Government is grammatical statements. uneasy with regard to the current situa- He has been adjudged as a person with tion. Had the Government adopted a the intelligence of a child. Whilst there fair and impartial attitude and assessed is a basic and standard deaf and dumb the situation in accordance with what Was language, it varies between groups and submitted, instead of proceeding in the manner which it has, there would no doubt Parties. Amongst certain of them depart- have been far more conciliatory expres- ures from the normal signs and inter- sions from this side of pretations are made for deliberate reasons. the House. What might seem peculiar to us is that a I submit the Government Is feeling system to prevent eavesdropping is some- some strain, because if the wish of the times adopted by them. If I am signalling Opposition that this unfortunate Young to an honourable member on this side of man should receive another trial at the the House in deaf and dumb language then hands of a Jury were granted, and he everyone in the Chamber who is familiar [Wednesday. 21 October, 1964.] 1787 with that language would be able to fol- Had the Government agreed to this low my message: therefore deaf and dumb course, it would not be a criticism of the groups employ signs and movements that Government but a credit to it under those are not used in their alphabet; they often circumstances. It would have been no use terms and expressions unknown to criticism of the judge and jury because no other groups. Because of that a certain judge and jury have presided over a case amount of confusion could arise. where the Cooke situation and revelations were known. This, as I stated at the out- I come to the Point where there was no set, is important beyond the imagination evidence against this young lad except his of most of us. own words. Here is an unfortunate young man with a mind which none of us can There is this young man who has by a conceive, not only because of a misfortune court, in the absence of factors of which of nature, but because of a misfortune of we are now aware, had pronounced upon handicap, and a misfortune developing him a sentence of death: and it Is possible progressively with the passage of years. for us to resolve the issue, not by making He possesses certain faculties of an adult any decision, but by allowing a properly but In other ways he Is still in the kinder- constituted court of Judge and jury to de- garten stage. cide the issue as to whether this man, who has been convicted of wilful murder, is, in On the other hand there was a man fact, guilty and accordingly entitled to a whom we know to be a murderer: a man term of life imprisonment which, inci- who has admitted a number of offences, dentally, having regard for his physical indeed an offence which is almost an exact and general disabilities, is virtually a life parallel of the tragedy at Cottesloe. It of solitary confinement: or, on the other would appear that where this man Cooke hand, whether he will be declared a free has stated he has done things, by and man and entitled to heavy compensation. large that has been accepted; but, un- fortunately, a young chap by the name of We do not presume to judge the issue. Beamish had said through his sign langu- We say it is the function of a court-a age something which involved him first court with a presiding judge and jury-to of all. hear the case. And what is wrong with that? This is not creating a precedent. I know it must be something causing The precedent has been created by the the Government a great deal of concern, detailed confession of one Cooke. and suf- because if Beamish is some day Judged ficient has been said tonight to indicate to be not guilty then it will have a tre- that even if that man had a photographic mendous effect upon this Government and, memory and could recall all the details shall we say, the approach of police in mentioned in court during the Beamish the matter of interrogations and obtain- trial, there are other points and circum- ing confessions, and perhaps, too, unfortu- stances mentioned by that man Cooke; nately, upon our Judiciary system. and to anyone who is prepared to be im- The Opposition has moved this motion partial in this matter, they are too over- tonight for no political purpose, but whelming, and there are far too many in order to obtain for Beamish what it coincidences and possibilities. These considers he is entitled to receive; and things should be properly sifted by such being the case, If Labor becomes te the proper authority and that proper Government in a few months' time, it authority is not one judge, three judges, or would be bound to move for a new trial five judges. The proper authority is a by judge and jury. We can only hazard jury. On a capital charge a person is en- a guess, but sufficient has been said to- titled to be judged by his peers: and under night to indicate that there is room for the new circumstances that is something doubt and because of that fact no jury which has been denied young Beamish. would be prepared to find aLperson guilty. I think honourable members will agree it appears inevitable, therefore, whether that superficially at any rate this dastard- there is to be a change of Government ly crime of which Beamish was adjudged in a few months' time, or three years later, guilty is completely out of character with sooner or later this young man is to re- the youth, but it conforms perfectly with ceive a new trial because of the entirely the picture we have of the man Cooke, new circumstances that have come into who has confessed to committing the being on account of the confessions of crime. one Cooke; and all of the circumstances and influences of the confession of Cooke What is the situation now? That this have not been considered by a jury. man who has been described as a fiend and monster is now filled with compassion It is a shocking thing that in respect and is. because he cannot suffer any of a charge as serious as that of wilful heavier penalty, endeavouring to save murder, of which this man has been found someone else, young Beamaish? In lan- guilty, having regard for all the circum- guage we all understand, that simply does stances of Cooke's confession, he, Beamish, not add up. He cannot be the person that has not received a fresh trial, this fresh the record suggests he is, and at the same trial before a judge and jury. time have these finer feelings. [ASSEMBLY.] On the -other hand, here is Beamish, the country staying with us. We thought she Young fellow who suffers a disability, who was the culprit after we noticed the money has not previously shown any disposition was missing, but we decided to forget to violence. Admittedly he has engaged about the whole incident because we did In peeping and breaking into premises and not want to create unpleasantness between the rest of it, but nothing approaching the the families." Surely that indicates that horror of the crime at Cottesloe. Sudden- not only did Cooke have a good memory ly they have changed places. but-he was telling the truth. Apparently As I read the official records impartial- in these 40-odd cases, or the best part of ly. I find that even the Chief Justice, for that number, the police are'-satisfied he whom I have a high personal regard, can is telling the truth, but in respect of some accept a situation-as apparently can the of the points regarding Beamish, Cooke's police, the Minister for Police, and the statements have been controverted. Premier-that this man who tonight has He has been called a liar: but there has been recounted to us as a blackguard and not been substantial evidence to prove liar of the first order and words similar to what he is saying is untrue. Be that as it that expressed by the Chief Justice, can may, the unfortunate part is that young have his word accepted in so many partic- Beamish suffers as a consequence. I say ulars, but not accepted where it does not that the confession of Cooke has raised suit them in connection with Beamish or sufficient doubt to warrant extraordinary Button-not that the allegations of Cooke steps being taken to see that the whole have been disproved in certain respects, case is reopened; and I repeat, the whole but because they are inconvenient: be- case will be reopened. It is just a mat- cause they go contrary to what has al- ter of when. If this Government of the ready been declared by certain courts. day will not do it, a subsequent govern- The Minister for Police tonight has told ment will, because this matter is so im- us that Cooke has had ascribed to him portant. If, having gone to the system the commission of certain offences, apart which we know and which we respect, of from those the subject of capital charges judge and jury, and with certain rights or potential capital charges--five offences that follow, Beamish is adjudged guilty, ir- causing bodily harm to women by run- respective of the feelings that many people ning them down by motor vehicles. Has may have, then he must accordingly suffer this been proved in any court of law, or the consequence. is that the statement of Cooke, the black- I wonder how the Chief Justice could guard. and the liar; the fiend, and the be prepared to accept the word of Cooke monster? Of course it Is his word! It when in other parts of his remarks he so has not been proved in a court of law, and scathingly condemns that man as being a yet the Minister for Police is prepared to liar. Where has it been proved? I quote accept it. the words of the Chief Justice at page 518 There have been four offences of assaults of these volumes-- on females causing bodily harm. When In the six years or so prior to his did these cases go before the court? When arrest he had operated as a maraud- were they proved and established? And ing thief, mostly at weekends. Prac- there are the 30 cases of breaking and tically every weekend it was his cus- entering. It is a remarkable thing that for this man Cooke. when he was being taken tomn to steal cars and use them from place to place apparently boasting getting around at night to assist his of his achievements and accomplishments purpose. in one instance indicated he had entered When was Cooke charged with these of- a certain house and stolen money. fences and had these omfences shieeted When the authorities made contact with home; in other words, found guilty of the lady of the house she said, "Oh no, them? Cooke stated he did these things a mistake has been made. No money has several years earlier and the word of this been stolen from this Place." Cooke said, liar of all liars was accepted by the Chief "Oh yes it has." This was some two years Justice just as, I repeat, his word, in so ago, if I remember the time aright-and many cases, has been accepted by the that is my understanding. Cooke would Police Department and by the Minister know. He said, "I remember this place for Police. well because there were two little black Mr. Craig: Every aspect of his activity 'Puppies." The woman said, "Good graci- was investigated thoroughly by the C.LB. ous, a couple of years ago we had a couple in the manner of Puppies." "Yes," went on Cooke, "I en- and it was not dismissed tered the house and in a certain room YOU are suggesting. there was a bank book with some notes Mr. GRAHAM: Very often the police are in it. I took some of the notes and went of the opinion that party A or party B is off with them but I left some of the notes guilty of an offence, for which reason per- in the passbook." sons are charged, but quite often persons All of the circumstances then came to are found not guilty, notwithstanding the this woman. She said, "That is the ex- very definite opinions or convictions of the planation, we had a young girl from the police. [WVednesday, 21 October, 1984.1 1189

Mr. Craig: But you are implying the I have already given an instance of police brushe d off his confession. where his words were -found to be false. I know full well that in the minds of some Mr. GRAHAM: I am not Implying any- honourable members who sit Opposite they thing; I am making the statement that are not happy with the present situation. Cooke's word has been accepted and that They have certain doubts or certain reser- none of this has been Proved before a vations in their minds. They would be court. I think that is a remarkable state far happier if the case of this young man of affairs as I do with regard to the state- could go before a judge and jury: and it ments of the Chief Justice of Western would not be the Opposition versus the Australia. Government. There would be nothing The Government. having made up its political about it. The court would do its mind with regard to this matter, and from job as it saw fit. Previous experience, it is, of course, use- But the Government, or the Premier, less for us to endeavour to Persuade any will not allow that. Whether every sup- of the Government supporters that they porter of the Government is bound to fol- might be aiding the cause of justice in prin- low that course-or whether there are ciple and to a particular person by sup- some honourable members on the other porting this move for a new trial. I have side of the House who say, "We will stated I expected some Interjections, but leave this to the umpires", the umpires there was no voice, so: I repeat there is being the judge and jury in respect of no evidence against Beamish-only his own capital cases--I do not know. words. Here we have this youth with- out his full mental faculties; without know- Whilst it is possible, by drawing from ing whether he is making a noise, or these volumes, to establish other Points of whether a dozen dogs are barking, or any- doubt, as I have already stated I do not thing else, creeping about and allegedly think any purpose would be served. I attacking a woman, and all the rest of it: suggest, as I did earlier, that the Govern- and Yet there is not a fingerprint to be ment has cut rather a sorry spectacle in found anywhere. connection with this matter. Could anyone with the intelligence of Perhaps I could conclude on a contro- honourable members opposite, by way of versial note, by indicating a. whole set of interjection, suggest how that could come circumstances which to rmy mind follow to pass? Fingerprints of any one of us a common pattern. Last week the Leader could be found in and about this building; of the Opposition asked for the tabling but here was this chap who was in the of certain papers. Notwithstanding his flat and who perpetrated this terrible deed specific request, papers a couple of years leaving no finger marks! Do not forget. old-papers which had no relevance to his and I repeat, all we have is his own word question-were provided. Was that by after goodness knows what provocation and accident or by design? I leave the qjues- force-I do not mean physically applied- tion there. to make this young fellow conform. But it The Leader of the Opposition made a is here in the records in his own writing protest to the Minister, and then for a in reply to questions that he violated his period of a couple of days there was a victim; and Yet there is testimony of shuffle between the Minister for Police the Government's Chief Medical Officer and the Minister for Justice. One said. that there was no evidence whatsoever of "I have not got the file; you must have that woman having been tampered with. it," and the other said, "No, I have not As there was no supporting evidence, be- got it; you must have it." tween ourselves, who decides which of his These are confidential papers. These statements are true and which are false? are papers which would be kept under If these documents are read, it will be seal. These would be papers which would seen that the tendency all the way through not be filed in the ordinary process adopted has been in a single direction; just as you in government departments. They are or I, Mr. Acting Speaker (Mr. Crommelin). papers which would be sighted only with if we are standing in this Chamber advo- an authority, and a very limited number cating a certain cause, all of our argu- of persons would have access to them. ments are in the one direction, and all So far as I know, the papers have not the evidence which we advance is in the been found to this day. But a duplicate one direction. copy was provided for the Opposition. The papers were asked for, I repeat, last That is the trend here-believing only week, and it was obvious what the papers that part of Cooke's evidence which they had some regard to the chose to believe; disregarding his evidence, were for: they or calling it lies without proving it to be case of BEainish. lies, where it did not conform; and, in the The machinery to assist in the case of matter of the written confession of young Beamish, if it is a case which warrants Beamish, where it suited the official case assistance, is through the testimony of the word of Beamish was accepted, but this man Cooke. That would be obvious where it did not, his words were rejected. to anybody. Yet It would appear that at (ASSEMBLY.] the first Cabinet meeting held after the Darryl Beamnish is guilty of the awful crime request for those papers, the Government committed several years ago for which he decided that Cooke shall hang. was judged to be responsible by a court Because of the Government's decision, in Western Australia. One can only hope three distinguished professional men de- that there is at least one honourable mem- cided that they will stand-nothwithstand- ber on the other side of the House who ing that they are Liberals-against Gov- has a conscience. By supporting the motion ernment members on account of the Gov- of the Leader of the Opposition, we would ernment's attitude on capital punishment. not be finding Beamish guilty or not There may be an explanation. I do not guilty. That is the responsibility of a know why that which I regard as news court of law, and wars have been fought of Prime importance has not appeared in in order to retain that principle. That The West Autstralian or The Sunday Timnes is what we want. to my knowledge, notwithstanding that it The family of young Beamish have been was published elsewhere on Saturday toying with the impossible-whether they morning. Last night the Leader of the should sacrifice everything they have. But Opposition gave notice of his intention to if they did they would still be short of move motions, one of which we are de- the resources necessary to appeal to the bating at present. That was something. Privy Council. And so time has marched surely, which would have created his- on and the opportunity has been lost. tory in Western Australia; something But what Is required is not a legal analysis of tremendous concern having regard of the points raised in earlier court cases. for newspaper features, TV features, What is required, and in view of the ad- and the rest of it. On channel '7 missions of Cooke, is an entirely new trial there was not a mention of it. under the system of Justice to which we have been accustomed. So it appears that in certain directions there is a conspiracy of silence; that in That is all the Opposition is asking for. certain directions there is a running for The Opposition says: whether it be milk cover on the part of the Government. It bottles, dogs, sexual attacks, or anything is not Prepared to take the risk of another else, the suppression of certain matters, trial uinder the conditions of a judge and the failure to take Into account certain jury: of this man Cooke being available considerations, between them all-dis- for the purpose of giving evidence and of counting one or two if honourable mem- being cross-examined by both parties- bers wish--some of them, or all of them, counsel for the Crown and counsel for have some relationship and are sufficient Beamish-in order to sift all the facts and to create doubts in our minds and we want circumstances to determine whether those doubts to be forever resolved. That Beamish is guilty or not guilty. Is what the Opposition is asking for. There is nothing unfair; there is nothing mean: The Government, in other words, will and there is nothing political in connection have destroyed the star witness. It is with it. Is a young man who is languish- perhaps unfortunate that so many moves ing in gaol entitled to be a free man? Let have coincided with the decision of the a properly constituted court answer that Government that Cooke shall hang. The question. That Is the proposition of the move by the Leader of the Opposition Opposition. had nothing whatever to do with the de- cision of the Government or Executive MR. COURT (Nedlands--Minister for Council regarding the hanging of Cooke. Industrial Development) [11.32 p.m.]: We even though it would appear they have heard a typical outburst from the were timed to be more or less simul- honourable member for Balcatta-one of taneous operations. In the same way, those emotional outbursts that he periodi- under fortuitous circumstances, there cally deals out in this House, and con- was a Bill of mine to abolish capi- vinces precisely nobody. In fact, he has tal punishment: and lo and behold it protested so much that he has really given was introduced in the normal way on the us a look behind the curtain as to what very day that the Government announced his real interest and motive are. that Cooke is to be hanged on a certain He has emphasised not once but sevenal date! times his conviction that we as a Govern- I say the Government is to be criticised ment are afraid of the repercussions that and condemned; because so long as there might occur if Darryl Beamnish were re- is any prospect of a person languishing in tried and found not guilty. Nothing could Fremantle gaol conceivably being innocent be further from the point. In stating the of a crime for which he has been found case tonight I think the Premier laid it guilty, then the Government should not clearly on the line as to how far the be going about its merry way as though Government has gone and is prepared to nothing had happened. go to ensure that this person Is given a The Government-the executive of this fair trial. State-should be taking every step it pos- The full import of the motion before sibly can to ensure that there is not linger- the House tonight Is asking this Chamber ing in anyone's mind the issue of whether to say publicly that the judge and jury LWednesday, 21 October, 1964.] 1791 who first heard this case were wrong; of death) passed on a person so con- that the Supreme Court which heard the victed, may. if he thinks fit, at any appeal was wrong; that the High Court time either- which heard a further appeal was wrong: (a) refer the whole case to the that the Court of Criminal Appeal was Court of Criminal Appeal, wrong; and that the High Court, for the and the case shall then be second time, was wrong. The Opposition heard and determined by the want us to say publicly that the counsel Court of Criminal Appeal as for the defence failed in his or their duties, as the case may be; in other words they in the case of an appeal by failed to bring to the notice of the proper a person convicted; or authorities or the court, as the case may (b) if he desires the assistance be, some substantial evidence. of the Court of Criminal Tonight the Opposition has talked about Appeal on any point arising new material, new matters, and new facts. in the case with a view to the but it has not stated a single point to determination of the petition, substantiate the case it has put forward. refer that point to the Court All honourable members opposite have of Criminal Appeal for their done is to read from public documents opinion thereon, and the which are available for anybody to read- Court shall consider the things that have been placed before the point so referred and furnish various courts that have heard this matter. the Attorney General with their opinion thereon ac- Mr. Oldfield: What about the fresh cordingly. medical evidence? Mr. Graham: Did I hear you read Mr. COURT: I am afraid if the honour- able member reads carefully the docu- "other than the sentence of death"? ments that have been quoted tonight he Mr. COURT: Yes. will appreciate that all of this material Mr. Graham: Was Beamish sentenced has been available to the judges who have to death? been trying these cases. Mr. COURT: Yes; and he has already Mr. Oldfield; What about the medical had a petition to the Minister for Justice, evidence? and that is something that does not seem Mr. COURT: We will come to that later to have been emphasised. I repeat: He on; because it is rather important- had a petition to the Minister for Justice Mr. Oldfled: Why wasn't that made and the matter was referred to the Court available? of Criminal Appeal. It was heard by three justices and subsequently their decision Mr. COURT: -that I should touch on was appealed against to the High Court. it in view of the fuss that is being made Mr. Graham: We want a jury. about it. Mr. COURT: The object of submitting Mr. Oldfield: What about the purse? matters like this to the Court of Criminal Mr. COURT: Just let us have a, look Appeal is for it to decide-a properly at this new evidence. if there is any new trained, appointed, and constituted body evidence! Why has not the adviser to -whether there is a case to go before a Darryl Beamish come forward with a judge and jury for a retrial. This is not petition to have this matter dealt with in the only time somebody has felt that he the way that is provided in the established did not get a good hearing before the Statutes? It does not require a new court of appeal. This is not the only Statute; it does not require a motion to time; but we must have some machinery be moved in Parliament, or any other if we are going to have law and order elaborate procedure. There is a very and we want to work along some ordered definite line of action laid down, as I said system within the community. by interjection earlier tonight. It is not It would be impossible for this Chamber confined to one occasion. In section 21 to make a dispassionate and trained of the Criminal Code, which is the sec- decision in this matter. That is why we tion to which the Premier referred earlier have judges-to consider these matters. tonight, it says- There was not one judge but there were Nothing in this Code affects His three judges at the Court of Criminal Ap- Majesty's Royal Prerogative of Mercy, peal. but the Attorney General, on the Mr. Graham: We don't want to make consideration of any petition- a decision. I emphasise the words "any petition"; Mr. COURT: Of course we make a not one petition, but any petition. TO decision tonight if we accept this motion. continue- Mr. Graham: Not a decision of guilty for the exercise of His Majesty's or not guilty. mercy having reference to the con- viction of a Person on indictment or Mr. COURT: Yes we do! to the sentence (other than sentence Mr. Graham: No we don't! 1792 (ASSEMBLY.]

Mr. COURT: If we accept this motion be made available. But there is no we are making a decision that the trial mystery about the so-called papers which judge and jury, the Supreme Court, the he said have never been found. High Court, the Court of Criminal Appeal, Mr. Graham: Have they been found? and then the High Court again made a wrong decision. Mr. COURT: The honourable member has had all the papers that are available. Mr. Oldfied: Rubbish! Mr. Graham: Have all the Papers been Mr. COURT: At least in the honourable found? member's opinion they made a wrong de- Mr. COURT: There are no lost papers cision; otherwise why does he want the that I know of. They might be lost in matter tried by a judge and jury? the mind of the honourable member. Mr. Graham: We want a Judge and jury. Mr. Oldfleld: If they have not been found it may have been aLgood thing. Mr. Oldfied: Cooke's confession was not available in the first three instances you Mr. COURT: This question of lost mentioned. papers is all a myth. If they were lost. how was it that a duplicate set was made Mr. COURT: The honourable member available to the Leader of the Opposition? overlooks the fact that the whole of How could a duplicate be made of some- Cooke's confession was available to the that is lost? Court of Criminal Appeal. thing Mr. Oldfield: But not in the first three Mr. Graham: Two days later! instances you mentioned. Mr. Hawke: The duplicate set was not made from the original within the period Mr. COURT: It was available to the you are talking about. High Court In complete detail. Mr. COURT: But there are no papers Mr. Graham: There was no jury there. that I know of in this matter that are Mr. COURT: There is another aspect lost. of this which is glossed over very lightly Mr. Hawke: Have the original papers by the Opposition. Cooke was available been located? to be cross-examined not only by the solicitor for the Crown but also by the Mr. COURT: The Leader of the Opposi- solicitor for the defence-by Darryl tion has been given the information: so Beamish's solicitor. The detectives were what is he talking about? available to be cross-examined by Darryl Mr. Hawke: I am not complaining; I Beamish's solicitor. All these people were am trying to get you lined up. made available; and this is the point I Mr. COURT: The honourable member want to make: the whole of this matter, on your left was complaining bitterly about so far as the Police Department, the this. Crown Law Department, the Government -as much as it affected the Government- Mr. Hawke: No; he was not. He was was handled with great propriety. trying to find out if the papers had been located. What are the super-confidential The Government has nothing to gain by papers which You say could not Possibly allowing any state of injustice. If one be made available to anybody? What are studies this case it will be found that the they? Government, the Crown Law Department and the police, have gone out of their Mr. COURT: There are some Papers in way to make certain that the whole matter the hands of the police and in the hands was handled in a proper manner. of the detectives making inquiries which should never be made available. Mr. Oldfield: Why was the medical evidence withheld from the court of Mr. Hawke: What are they? appeal? Mr. COURT: I have just referred to Mr. COURT: We will come to that. them. They are papers which are col- Keep it on your little list. lected during the course of the inquiries Mr. Hawke: The Minister for Industrial that are made into the crime that has been Development sounds a little like the hon- committed. The Leader of the Opposition ourable member for Mt. Hawthorn some- knows there are certain papers which have times. to be kept in the course of building up evidence of the crime itself and which are Mr. COURT: The honourabie member not part of the legal documents which for Balcatta concluded his speech by form the permanent and proper file. implying there was a peculiar set of cir- cumstances which had been discovered Mr. Graham: You are saying that the over the past few days. He was trying Leader of the Opposition only got selected to create a situation that just does not papers. exist. If he is referring to papers of a Mr. COURT: I am not saying that at highly confidential nature which no gov- all. The Leader of the Opposition got ernment would make available if it wants all the papers that it was reasonable for the system of British justice as we know him to expect. it to Prevail. he could not expect them to Mr. Oldfield: He did not get them all. (Wednesday, 21 October. 1964.1 179319

Mr. COURT: I am attempting to say- Mr. Craig: He gave a verbal opinion. Mr. Graham: I think you had better Mr. COURT: Yes; it was a verbal opinion. sit dawn; you have done enough damage to However, in view of that, medical juris- your case already. prudence was consulted, because it ap- Mr. COURT: The Leader of the Opposi- peared there might have been a case in tion received all the papers he asked for. this situation. So with common sense and with conscientiousness which are very com- Mr. Graham: You just said that they mendable. the doctor concerned made con- could not all be made available because tact with three of his medical colleagues they are so confidential. with specialised knowledge. Mr. Craig: He received all the papers relating to the inquiries of the C.I.B. this Mr. Graham;. So far so good. year. Mr. COURT: This information was: made Mr. Graham: Have you found the ori- available to the Crown Law Department. ginal papers? Mr. Graham: Was it made available to Mr. Craig: No. the court? Mr. Graham: That is what we are asking Mr. Tonkin: Who made contact with for, these three doctors? Mr. Craig: After the papers were re- Mr. COURT: It did not have to be quested they were not available until made available to the court. I suggest Thursday. and the honourable member that there would probably be a hundred who requested them was not available until things which the counsel for Beamish and the following Tuesday when he himself the Crown Law officers had passing received the papers. through their fingers but which were never Mr. COURT: Might I return to this new used because they would be put aside as evidence which the Opposition suggests being of no great consequence. exists? The honourable member for Bal- Mr. Graham: That is why the Chief catta referred to certain employees in the Justice made a feature of it. Fremnantle gaol having certain convictions about this case. If they have new evidence Mr. COURT: if any evidence had been surely the defence counsel for Beamnish of any value to the defence counsel he would use it. The same honourable mem- would have had it brought Into the court. ber referred to a leading Q.C. He said This man is no fool. This matter was that this Q.C. had firm convictions about laboured by the Chief Justice. It was not the matter. Surely, with his expert know- as though it was glossed over as being of ledge he would come forward and use no consequence. This particular incident this evidence to advantage. of which evidence has been quoted this Mr. Graham: I did not mention a lead- evening Was one which was given great ing Q.C. prominence during the actual trial, and if members read the transcript they will Mr. COURT: The honourable member see it was not something that was touched said a leading Q.C. had firm convictions on lightly, but it was the subject of in- about the matter. tense examination, and some of that Mr. Hawke: A feeling or a conviction examination was made at the request of about anything is not evidence. the Chief Justice himself. Mr. COURT: The honourable member Mr. Graham: It was medical evidence for Halcatta made this observation in the suppressed by the Crown. context of new material. Mr. COURT: It was not suppressed. This Mr. Graham:, No I didn't[ was one of the many things that would Mr. COURT: Therefore we are entited have passed through the hands of the to assume that he considers there is new Crown Law officers who were in charge of material existing, and two of the parties the case. mentioned by the honourable member Mr. Graham:. If it was in the hands of were the employees of the Fremantle gaol the Crown why did not the Crown produce and a leading professional man. it? Mr. Graham: I said there was consider- Mr. COURT: The Crown did not have to able public disquiet and there is a way produce it. Neither the judges nor the to appease that. defence counsel asked for any knowledge Mr. COURT: The honourable member of this particular point. From my read- should go back and check on his statement. ing of the transcript the fact that this was Let us come to this question of medical not taken to the court does not matter. evidence. A great deal of fuss has been If the defence counsel thinks it is very made over the answers given by the Prem- material and considers it is a ground for ier, and others relating to this mnedi- a new trial, the machinery is already cal evidence. Let me get this in its right there. That machinery was used on a perspective. First of all the police medi- previous occasion. Because of this testi- cal officer gave his opinion in the matter. mony coming from Cooke the opportunity 165) 1794 1794ASSEMBLY.] was given by the proper tribunal under would be as well for members on that aide the provision which exists in section 21 of of the House to read the transcript of the the Criminal Code. evidence of the original trial of Beamish, as distinct from the trial in the court of Mr. Graham: But not by jury. criminal appeal that subsequently heard Mr. COURT: I want to assure the hion- the appeal following the petition under ourable member that the Government does section 21. not want to stop a trial by jury. Mr. Jamieson: They only decided that Mr. Graham: Not much!I on the evidence before them. Mr. COURT: It wants the trial to be Mr. COURT: The honourable member is arranged through the proper channels. implying that the defence counsel just There are proper channels which have did not do his job- been there for a long time. Mr. Jamieson: He is not implying Any- Mr. Graham: If you do not want to stop thing like that, and You know it! the trial by jury and we do not want It Mr. COURT: -if he suggests that the stopped, all You have to do is vote for the evidence was not brought to the notice of motion. the court. The fact is that a jury, which Mr. COURT: If we adopt this motion we I gather from the remarks of the Oppo- will be establishing a precedent whereby sition, would be more inclined to be moved everyone who feels he has a grievance will by sympathy and human emotions than be getting up on private members' day in a judge, heard that case and made the de- an endeavour to bypass the machinery of cision it did, the court. Mr. Graham: Before the Cooke testi- Mr. Graham: This circumstance has mony. That has changed the whole sit- never arisen before. uation. Mr. COURT: We will find everyone get- Mr. COURT: The Deputy Leader of the ting up and wanting a trial by a judge Opposition started off his speech by say- and jury, because he felt that a fair trial ing that he had no intention and the Op- had not been given on the first occasion. position had no intention of trying to judge This Assembly will be turning itself into this matter whilst it was before the As- a court. sembly. Having said that, he proceeded Mr. Tonkin: It is the highest court. to do just what he said he was not going to do; he tried to deduce evidence from Mr. COURT: The point is that this will the transcript. be done not by constitutional means, but as a means of dealing with ordinary crim- Mr., H. May: He learned that from you. inal matters in the community, with the Mr. COURT: He did that to demonstrate result that a farcical situation would de- that a wrong decision had been made: or velop and the matter would get complete- that there was a suggestion of a wrong ly out of hand. decision having been made. If one takes I want to mention briefly the question excerpts from the transcript It Is a very of Darryl Beamish's condition. We are dangerous procedure. One should read all sympathetic towards a person who has every word of the transcript from start to this affliction, but the impression seems to finish, together with the affidavit: one be abroad among the Opposition that this should read how the judges and the court condition was not taken into account of criminal appeal arrived at the decision when he was before the court. If one reads they did. the transcript and the summing-up of the Mr. Tonkin: At what stage did I read Chief Justice one must be impressed with the fact that due consideration and sym- from the transcript? pathy was given for this man's affliction. Mr. COURT: The honourable member It was taken into account not only dur- was quoting the comments of the Chief ing the trial itself, but also in the period Justice. before the trial; and it would be complete- Mr. Tonkin: I was not. ly unfair to the court, to the jury, to the Mr. COURT: The honourable member Crown Law Department, and to the police was quoting the views and comments that if the impression got abroad that advan- were expressed by the Chief Justice in the tage was taken of his affliction. That was court. not the case. On the contrary he was given every consideration and every sym- Mr. Tonkin: I did not quote anything, at pathy in the matter, and this is reflected all. in the summing-up of the judge. It is also Mr. Graham: You are making this up reflected In his remarks after he had pass- as you go along. ed sentence. Mr. COURT: I will certainly be very in- It must be realised that the conviction terested to read a copy of the honourable was originally recorded not by a judge member's speech. I would like to conclude sitting alone, not by three judges sitting on the note that the Premier presented alone, but by a judge and jury. It was the the case in what I felt was a very fair; jury that brought in the verdict, and it calm, and deliberate light on the part of (Wednesday, 21 October, 1964.1 191795 .the Government in stating the main prin- MR. JA1MSON (Beelo) [111.58 p.m.): dcples that were involved, and making very I do not wish to delay the debate to any clear what the Government's proposition great length, but I would point out to .*as. the Government that one thing it must :-The Premier outlined the fact that remember when trying to maintain law . section 21 is available to Darryl Beam- and order is that not only must justice be ishs if his advisers feel so inclined. it Is done but it must also appear to be done. -entirely up to them. I do not think the It does not appear to have been done in Opposition helps him at all with the pro- connection with this Beamish trial: at 4cedure it has followed tonight. The' hon- least that is the opinion of many people -curable member for Balcatta, If I remem- in the community. * ber correctly, said that this had not been At the trial the jury was of necessity .sponsored through the opposition by the forced to bring in a decision on the * eamish family; that, in fact, it had tome evidence as it saw it. But this has dis- ,from some other quarter. I do not think a. procedure like this would help the family turbed a considerable number of people -in the community since that time. It has At all. disturbed many people who have deaf and . Mr. Graham: Aren't you overlooking the dumb mutes in their own families. As urgency factor? After next Monday it a matter of fact, one such person in my will be too late to call this man as a own electoz-ate has explained to me hier -witness, very grave doubt as to whether the con- Mr. COURT: I should imagine that these *fession alleged to have been made could -people have been advised by their legal have been made. Her own boy was in the -advisers as to what remedies are available, same class at school as Beamish and she :and what course they should take. knows the capabilities or her own lad. *Mr. Graham: Privy Council. and cannot They are very limited: and it would be ,afford it. Very difficult to say that he may have Mr. COURT: I have made it very clear. confessed- in the way he did without its 'and no doubt it will be given due promi- having been a confession by suggestion nence, that there is a procedure available in some way or another. With all due to these people if they feel there is new regard to those who were involved in evidence available. The Premier has gone obtaining this confession it would have -a long way to try to remove any fears the been very difficult indeed to obtain. It Opposition might have had when he said is a type of case which probably has not that if a retrial should be ordered b5y been tested before in the annals of the court it would be after a proper peti- criminal history in Western Australia. It tion under section 21, and Beamish's ad- is up to anybody's guess how the ultimate visers should request legislative amend- confession was made, knowing the action ment to enable the production In evidence the people conducting these inquiries will of Cooke's alleged confession and subse- take. quent sworn evidence in court proceedings: the Government would then introduce a One of the features which causes me Dill to give effect to this, concern, with no disrespect to the Chief Justice, is that he was the original trial Mr. Graham: It would be a little diffi- judge. The practice of the judge in the cult to interrogate him. original trial also sitting on the appeal- * Mr. COURT: This man has been inter- even though such a course is legal-seems rogated at great length. I should to me to be wrong. The Chief Justice imagine that by the time the Crown Law who allocates the duties of the judges. representative, the Judges, and the defence should have rostered three members of counsel had finished with him they would the judiciary, other than himself, to hear have wrung every bit of information out the appeal. His mind could have been ,of him. influenced by the evidence given in the Mr. Graham: That is what you think. original trial, as against the evidence given by Mr. COURT: He did not stand up under Cooke, a person considered to be ,cross-examination. unreliable and untruthful. IMr. Graham: He did not fall down I have spoken to a crime reporter who tither. was present at the original hearing. He Mr. COURT: The Chief Justice and said he was very satisfied with all that other Judges-and particularly the Chief went on, and he thought that Beamish Justice, for whom we have a very high was guilty of the crime of which he was regard In these matters-summed the convicted. He heard the evidence, he matter up very well when they assessed saw the procedure, and he heard the their views based on the evidence and the verdict of the jury. He thought every- value that could be placed on Cooke's con- thing was in order. This reporter was fession. also present at the appeal and heard the evidence given by Cooke. He said to me : Mr. Oldfield: Did he confess to the after that, "I am not sure. I do not know. 'Maddrill case? This raises a different complexion on the The SPEAKER (Mr. Hearman): Order! case altogether." 1796 1796ASSEMBLY.]

All that the Opposition is trying to convey MR. HAWKE (Northamn-Leader of the to the Government is the existence of a Opposition) [12.7 a.m.]: I appreciate the complexion which did not exist in 1981. action of the Government in allowing the I do not know whether the various courses debate on this motion to proceed today of action which can be taken legally will and tonight, and to arrive at a decision. be of any consequence. The honourable Like the honourable member for Balcatta, member for Subiaco might care to tell us I was rather disappointed the Premier how often an appeal under criminal law had prepared in advance his reply to the is successful. He would have to search case which was put forward by me. It the records pretty thoroughly to find any. would have been better had the Premier listened to the arguments which I put for- Mr. Guthrie: It Is a totally different ward, and then taken into consideration all thing. It is not an appeal under criminal that was said In preparing his reply. How- law; it is the question of a new trial and ever, he chose to have his speech prepared new evidence. well beforehand, and to use it. In justifi- Mr. JAMIESON: It is an appeal against cation of that procedure he said the Gov- the verdict of the Criminal Court; but how ernment's stand was one of principle-the often have such appeals been successful? principle appearing to be an anxiety to maintain the existing legal processes and Mr. Guthrie; That has nothing to do the existing system of court procedures with the point. as they have been developed in this State Mr. JAMIESON: It would be ludicrous over a considerable Period of time. to take an appeal to the Privy Council, The Minister for Industrial Development which would not possibly give the consid- told us the assurance given to us earlier by eration to this case which the local courts the Premier was one which we should ac- could give. The Privy Council does not cept, and about which we should be happy like hearing appeals under criminal law. and satisfied. He went on to say the as- surance offered a new and a fair trial. Mr. Guthrie: You are making statements Provided certain steps were taken by those without any knowledge of the subject. It legal Persons who represented Beamish in is a stupid statement to make. court procedures which were taken on his Mr. JAMIESON: I would ask the hon- behalf on previous occasions. ourable member to give examples of cases This assurance which the Premier has where such a course has been adopted. Put forward is not altogether clear, and it Mr. Guthrie: It is stupid to say the is certainly not absolute. As I understand Privy Council does not like hearing ap- it, the Premier claims there is provision in peals. the existing law for a petition-any num- ber of petitions, I think he said- Mr. JAMIESON: I did not say that. I said it did not like appeals under criminal Mr. Brand: That is right. law. Mr. HAWKE: -to be presented to the Mr. Guthrie: That is nonsense. How Minister for Justice requesting a new trial. do you know? including a new trial before a judge and jury. Mr. JAMIESON: The Privy Council does not. This case is causing disquiet in the Mr. Brand: Provided, of course, the community, over a happening in the courts court of appeal agrees. of law of this State, and the position Mr. HAWKE: Up to the point I have should be rectified. The Government has just mentioned the assurance has some the power to rectify the position. Is it merit. However, what is the certainty be- afraid that should there be another trial yond that point? There appears to be no before a jury so much doubt would be cast certainty beyond that point. In the first that the conviction would be quashed? If place. I imagine the Minister for Justice the Government is afraid why should it would have to satisfy himself that the peti- not say so? tion contained sufficient merit to warrant him taking action. I agree it would be hard to find a j ury which was not prejudiced in some way or Mr. Brand: It would be fair enough. other, because the case has been hashed Mr. HAWKE: In the event of the Min- and rehashed, and people have formed ister deciding there was sufficient merit some ideas of what they consider to be in the petition to justify him in setting the rights and wrongs of the case. But other machinery in motion, he would Put this does not get away from the cold, hard a submission, through his appropriate of- fact that the law appears to have been ficers. before the Court of Criminal Appeal; unduly harsh, because certain facts which and the judges who would constitute the were available at the time were presented, Court of Criminal Appeal at that time but other facts which are now available could very well be the same judges who should be presented. constituted the Court of Criminal Appeal I support the motion and hope that it which unanimously rejected the last ap- will be carried so that justice-not only peal put forward for and on behalf of deliberate justice, but justice which ap- Beamish. These judges might easily de- pears to be right-can be meted out. cide there is not sufficient merit in the [Wednesday, 21 October. 1964.1 179719 submissions sent to them by the Minister tried again before a Judge and jury. The for Justice to warrant any further action. House, by doing that, would not make any They make a decision to that effect and, decision as to whether Beamish was still as far as I am able to understand, that to be judged guilty or to be found imno- is the end of it. cent. That critical Issue could only be So this assurance which the Minister for decided by the judge and jury in the event Industrial Development praised up so of action being taken, either through this greatly and sort of tried to give us to motion, or through some other procedure understand was a total and absolute to allow a new trial of that nature to take assurance which would take shape and place. develop and bring about a new trial by The Minister for Industrial Develop- Judge -and jury for Beamish is not worth ment told us there were no lost papers in very much at all. It is not an absolute the Police Department or in the Crown and binding assurance; it is a "maybe" Law Department. I am not saying there proposition. In that regard, of course, it are any lost papers, but I did say differs very considerably and very vitally some very vital papers were seriously mis- from the motion which I have moved. laid as between the one department and We have based our argument upon what the other, with the result I had to be might be termed the pre-Cooke confession supplied with a duplicate copy of the and the post-Cooke confession. Clearly, original papers; and it was, of course, the if Cooke had not made this confession and original papers which I sought, Just as it subsequently signed an affidavit along the was the original papers which the Min- lines that he did, the Opposition in this ister f or Police tried very hard to obtain Parliament could have had no worth-while for me. I am quite satisfied with the argument to make in substantially moving duplicate set of papers which was supplied for the ranting of a new trial to Beamish. to me. I make no complaint on that That was in the pre-Cooke confession score at all; but think it is a bit dis- period. However, in the post-Cooke con- turbing that vital papers of this descrip- fession period the situation has changed tion became seriously mislald between one dramatically-and very dramatically, too. important department, such as the Crown I would be surprised if there would not Law Department, and another important be, on the other side of this House. some department, such as the Police Depart- members who have substantial doubts in ment. their minds as to whether Beamish was, This question of medical evidence is, I in fact, guilty of the crime which the think, probably the outstanding issue in jury adjudged him to be guilty of when the whole of the argument which has the original case was decided. The Min- taken place in this Chamber in connection ister for Industrial Development told us with this motion. As I told members that we, the members of the Opposition, earlier, the Chief Justice made a very who had spoken on this motion had put scathing condemnation of Cooke's con- forward nothing new. That claim by the fession in relation to this part of It, and Minister was not true; and he must have he claimed that Cooke indulged in lying known it was not true. He did then go detail in saying that certain things hap- on to make some reference to the medi- pened; because, in the view of the Chief cal opinions and wanted to know what all Justice, what Cooke had said did happen the fuss was about in relation to these could not possibly happen. It was opinions. physically impossible for it to occur. He said he would deal with that issue Yet the medical evidence the Police later in his speech. I must have had Department had in Its possession from Its some sort of inspiration, because I said own doctor indicated that what Cooke by way of interjection to the Minister that said did happen could have happened, but he at that stage reminded me very much that Information was not placed by the of the attitude which the member for Mt. Police Department, through the Crown Hawthorn occasionally takes in situations Law Department, before the Court of of the same kind. I say that because the Criminal Appeal. Minister did not get on to the issue of As a result of further fishing on my medical opinions at all. In the subsequent part, we find the Crown Law Depart- portion of his speech he did not say an- ment had approached three doctors in other word about the issue. So it is clear private practice, all of very high standing, the issue of medical evidence was, and obtained opinions from them in rela- and is, and will remain a very Critical tion to this issue and the medical advice issue in the new situation. given to the Crown Law Department In I think the Premier said, and the Minis- connection with this matter was to the ter for Industrial Development certainly effect that what Cooke had said did said, this Chamber should not make happen could have happened. any decision in the question of a new trial The Minister for industrial Develop- for Beamish. This Chamber, or this House, ment claimed it was at the discretion is thoroughly entitled to make a decision of the Police Department in the first calling upon the Government to intro- instance, -and the Crown Law Department duce legislation to enable Beamish to be in the other instance, as to whether this; [ASSEMBLY.) information was put before the judges who proven that Cooke's veracity was tuppence constituted the Court of Criminal Appeal a ton, and doubtless the Crown Law of- or was withheld from the court. I was ficer would have put that before the judg- astonished at that claim by the Minister. es. Surely the bounden duty of the Govern- However, apparently because the med- ment and the appropriate departments ical advice received from these highly under the control of the Government, is placed medical men favoured to a con- in cases of this kind, if not in all cases, to siderable extent Cooke's claim, the Crown put before the caurt every grain of in- Law Department, or one of its officers, de- formation which might have a bearing cided "Oh well, these reports support an the thinking and the final judgment of Cooke's veracity on this point and there- the court! Surely no government depart- fore the opinions will not be made avail- ment should have the discretion to say able to the judges." That Is a shocking 'We will put this before the court, but we situation in my view! will not put that before the court, we will Mr, Graham: And in the legal view, put something else before the court, but tool we. will not put this before the court"!I What sort of justice Is that? It Is an abso- Mr. HAWKE., It makes me feel all the lute negation of the principles of British more that we should press this motion to justice as I have always comprehended the utmost possible degree. I must say them. for my own part that right from the time *The Minister Beamish was tried and found guilty I had told us the Crown did not the thought, feeling, or conviction-what- have to produce this evidence in court, ever we care to call It-that there had which Postulates the proposition that the probably been a miscarriage of justice. department has the right to suppress vital When the confession made by Cooke be- informatlin and keep It away from the came available for perusal and study, that courts, thus depriving the judges or a jury. idea, thought, or conviction became rein- if a jury is involved, of the right to know forced a thousand times over: and, as of the existence of such information. Leader of the Opposition, I felt I would I would hope the Premier would look in this situation be doing far less than my into this. Surely if this is to be the rule duty if I had not moved this motion and of the road in the Police Department and if I did not now press it to a division in the the Crown Law Department, we are reach- hope that, despite what the Premier and ing a rather sorry and dangerous situation the Minister for Industrial Development in the administration of justice in West- said, the motion would have the support eirn Australia! I am not sure whether the of the majority of the honourable mem- Police Department would have the final bers In this 'House. say as to whether the Information it had Question put and a division taken with in -the matter was to go before the court. the following result:- I rather imagine that would have to be a Aires--20 decision of the Crown Law Department. Mr. Bickerton Mr. D. 0. May However, I want this feature of the situ- Mr. Brady Mr. Moir ation closely investigated, and investigated Mr. Davies Mr. Norton Mr. Fletcher Mr. Citfield In that manner by the Premier, because I Mr. Graham Mr. Rhatigan Tppears to me to be fundamental to the Mr. Hall Mr. Rowberry whole system of legal process aind the ad- Mr. Hawke Mr. Sewell Mr. Real Mr. Tome ministration of justice in this State. Mr. W. Hegney Mr. Tonkin Mr. Jamnieson Mr. H. May Z think it is untenable and unthinkable (Teller)I that a Crown Law Department would Naes--2i come into possession of information which Mr. Brand Mr. Huztchfnsan the department Itself sought, too, prior to Mr. Burt Mr. Lewis Mr. Cornell Mr. W. A. Manning 'the bearing of a vital case, and then de- Mr. Court Mr. Mitchell cide the information obtained would Mr. Craig Mr. Nalder rnot be made available to the court at all Mr. Crommelin Mr. Nimmo Mr. Dunn Mr. O'Connor but put in a pigeon-hole. Mr. Canter Mr. Wild Mr. Orayden Mr. Williams One cannot help but develop the thought Mr. Guthrie Mr. O'Nel that had the opinions of these three out- Or. Henn (Tellerj side medical men been ini reverse, the In- Pairs; tormation would have been put before the Ayes Noes Mr. 31. Negney Mr. Hovel! judges who constituted the court on that Mr. Evans Mr. Hart occasion: because the reply to one of my Mr. Kelly Mr. r. W. man ning questions in the matter was that the in- Mr. Curran Mr. Runciman formation was sought from these medical Majority against-I. men for the purpose of testing the ver- acity of Cooke in the statements he made Question thus negatived. in connection with this particular feature. Motion defeated. Obviously if these three medical men had Rouse adjourned at 12.33 arm. (Thursday) said that Cooke was talking so much non- sense and making a claim which was stu- pid and impossible, then that would have