Legislative Assembly Hansard 1960

Queensland Parliamentary Debates [Hansard] Legislative Assembly FRIDAY, 18 NOVEMBER 1960 Electronic reproduction of original hardcopy 1618 State Transport Bill [ASSEMBLY] Report on Parliamentary Library FRIDAY, 18 NOVEMBER, 1960 Mr. SPEAKER (Hon. D. E. Nicholson, Murrumba) took the chair at 11 a.m. GOVERNOR'S SALARY ACTS AMENDMENT BILL RESERVATION FOR ROYAL ASSENT Mr. SPEAKER reported receipt of a message from His Excellency the Governor intimating that this Bill had been reserved for the signification of Her Majesty's pleasure. REPORT ON PARLIAMENTARY LIBRARY Mr. SPEAKER announced the receipt of the report on the activities of the Parlia mentary Library for the year 1959-1960. Questions [18 NOVEMBER] Questions 1619 QUESTIONS March 7, 1960, of which two were for drunkenness, three for unlawful possession QUASHING OF CoNVICTIONS oF T. R. JOHNS, of property and all the rest for vagrancy. E. W. RYAN AND T. DOTTI Since the beginning of 1946, Woods has been sentenced to a total of nine years Mr. DUGGAN (Toowoomba West and four months in gaol. He did concede Leader of the Opposition) asked the Minister before the jury that he might have been for Justice- locked up for insufficient lawful means of "(!) Is he aware that on November 12 support or something like that and that the Court of Criminal Appeal quashed the was the only thing he could remember. convictions of three men, Johns, Ryan and It is beyond doubt that if the tally of his Dotti, who had been found guilty on Sep convictions had been admitted to before tember 30 of robbery with violence and on the jury his credibility would have been October 7 had been sentenced to six years' destroyed and with it the Crown case. Counsel for the Crown disclosed to the gaol?" Counsel for the appellant before the hear "(2) If so, is he aware the judgment of ing of the appeal that the complainant did the Court of Criminal Appeal stated that have convictions. During the hearing of (a) the chief Crown witness at the trial, the appeal Counsel disclosed to the Court Richard Harold Woods, had been evasive, the criminal record of the complainant, and had not admitted to any convictions, particulars of which are set out in the (b) the Crown had since conceded that the Judgment of the Court. The complainant chief Crown witness at the trial had forty was cross-examined by Counsel for the four convictions, including three for unlaw accused during the trial as to his convic ful possession of property, and had been tions for drunkenness. He had two such sentenced to a total of more than nine convictions, one in 1948 and one in 1949. years' gaol since 1946 and (c) had this His reply was, "Well, I may have one but record been made known at the trial the I doubt it". Although the Crown Prosecutor Crown case would have been destroyed?" cannot strictly discredit his own witness, he asked the complainant in re-examination "(3) The Crown having disclosed the con whether he had been locked up for being victions to the Court only after the appel drunk and when the complainant replied, lants had claimed the chief Crown witness "Well, not to my estimation," the Crown had given false evidence at the trial, is he Prosecutor then put the question, "Well, prepared to make inquiries and report to what for?" The answer of the complainant the House-(a) whether the Crown Prose was, "It might have been insufficient lawful cutor was aware of the criminal record of means of support on me or something like the chief Crown witness, Richard Harold that-that is the only thing I remember".'" Woods, at the time of trial and, if so, why was such record not disclosed, (b) if the "(3) (a) The Crown Prosecutor learned Prosecutor was not aware of the record, for the first time during the cross-examin whose responsibility was it to see that he ation of the complainant that the complain had such information, which would be ant had been 'locked up' for drunkenness known to the C.I.B., (c) what action he and that is the reason why he put the proposes to ensure there is no repetition questions mentioned in re-examination. At of such a grave public scandal and (d) no time during the trial was he aware of whether he is considering indicting Richard the extensive nature of the complainant's Harold Woods for perjury in view of the record, which is substantially one of con findings of the Court of Criminal Appeal?" victions for vagrancy. (b) The Counsel for the defence was apparently aware that the Hon. A. W. MUNRO (Toowong) replied- complainant had convictions for drunken "(!) I am aware that on November 11, ness. No request was made to the Crown last the Court of Criminal Appeal quashed Prosecutor to supply a list of the complain the convictions of the three men mentioned ant's convictions. If the request had been who had been found guilty on made particulars would have been obtained September 30, last of robbery with violence and supplied. If the Police Officer in and on October 7 last, had been sentenced Charge of the case knew of the criminal to six years' imprisonment." record of any Crown witness, he would be expected to inform the Crown Prosecutor "(2) (a), (b) and (c). The relevant part of such record. (c) The position which has of the Judgment of the Court of Criminal arisen in this case is due to the evasive Appeal reads as follows:-'The Crown was answers given by a witness for the Crown in a P?sition where it had to rely upon the evrdence of Woods to establish this -an old man who is a vagrant and of element of the charge. Thus the credibility limited mentality. The words 'grave public of Woods was a matter of paramount scandal' are a distorted misdescription of importance. Cross-examined as to credit he the situation. (d) The Court of Criminal ~as. evasive and did not admit any con Appeal did not suggest that the complain victions. But the Crown conceded in this ant had been guilty of perjury but of Court that his record consists of 44 con evasion. There is no case against the com victions between November 3, 1943 and plainant for perjury." 1620 Questions [ASSEMBLY] Questions Mr. AIKENS (Townsville South) asked ESTABLISHMENT OF TUNA FISHING INDUSTRY the Minister for Justice- IN QUEENSLAND "(1) Did Mr. Justice Hanger on Mr. AIKENS (Townsville South) asked the sentencing Thomas Reginald Johns, Minister for Labour and Industry- Geoffrey Warren Ryan and Tasman Dotti "(1) Is he aware that the Chief Inspector to six years' gaol for stealing from the of Fisheries, Mr. E. J. Coulter, said in a person with actual violence say, inter alia, press statement on June 1 last that there that their crime was a shocking one and are large quantities of tuna off our coasts; a pretty horrible thing to do to an aged there is no reason why Australian fisher pensioner over twice the age of any of men cannot catch them and that tuna fish them?" ing as an industry could not be launched "(2) In giving judgment for the quash in Queensland without a complete survey ing of the convictions and the release of of the markets and costs?" the three men, did the Court of Criminal "(2) If so, has any investigation been Appeal give as its reason that if the made into the establishment of a tuna victim's tally of convictions and the fact fishing industry in Queensland and, if so, that he had served jail sentences been with what result?" known at the trial, the Crown case would have been destroyed?" Hon. J. C. A. PIZZEY (Isis-Minister for "(3) If so, does this judgment mean Education and Migration), for Hon. K. J. that anyone who has been convicted and MORRIS (Mt. Coot-tha), replied- served jail sentences can be bashed and "(1) I have now read the Press State robbed with impunity?" ment of June 1 last, referred to by the "(4) What are the names of the three Honourable Member." Judges who constituted the Court of "(2) I am advised that, during 1954, a Criminal Appeal in this case?" survey was carried out by the Common "(5) Does he contemplate taking any wealth Fisheries Department to determine action in the matter, and, if not, why the distribution and abundance of surface not?" swimming Tuna in the waters inside and outside the Great Barrier Reef, adjacent to Hon. A. W. MUNRO (Toowong) replied- the coast of Queensland. The survey revealed the occurrence of commercial can "(1) The following is the relevant part ning species of Tuna, though a further of the remarks of The Honourable Mr. investigation of some areas was warranted, Justice Hanger when sentencing the three due to the large area covered. Represent men mentioned:- ations were made to the Commonwealth 'What the three of you did was Government for a further survey, but the shocking. This was a man whom you matter was held in abeyance due to the knew, and whom you knew was an old deterioration in the 1958-1959 season of the man, an aged pensioner anyway, and the Tuna Industry in Australia. During this three of you set upon him. I think it is period, United Kingdom markets of canned quite possible you were thoroughly Tuna were lost, and the price of frozen ashamed of yourselves shortly after Tuna in the United States of America fell wards.

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