BY RUTH GRAY
CHRISTCHURCH, New Zealand -Douglas Graham, the minister of justice in the National Party and New Zealand First coalition government, has announced that he will introduce an emergency law change that will allow the use of secret witnesses in trials. This change is one of a number of moves by employers, police, and the government that threaten important legal protections for working people.

The announcement came in response to a decision of the Court of Appeal, announced in mid-August. The court ordered a new trial for Denis Hines, an alleged member of the Manawatu Nomad gang, ruling that a witness for the prosecution should not have had his identity kept secret. Hines was up on an assault charge. Following the court's ruling, the police have dropped charges in several other trials of alleged gang members in Christchurch relying on secret witnesses.

The police claim that witnesses are being intimidated from giving evidence against gangs for fear of reprisal. Under current laws only undercover police or agents of the Security Intelligence Service can give evidence in secret. Graham stated in support of his proposed law change that greater protection of witnesses in gang trials is needed to prevent "anarchy."

The Christchurch Press, in an August 21 editorial, said, "Who though, can doubt that the balance of rights in many cases too often favours the accused? The primary need is that justice be done."

Greg O'Connor of the Police Association told the Press, "They have to be quick. They have to get it through. It's very frustrating for officers, and every case lost is potentially somebody who should be behind bars."

Labour Party justice spokesperson Phillip Goff also supported the change.

Rupert Glover, lawyer of accused Black Power gang members whose August 17 trial had to be aborted because it relied on secret witness evidence, said, "My fear is that a law change would be too sweeping. It's a fundamental right for a person to know their accuser and to be able to check the accuser's credibility."

Christchurch attorney Chris McVeigh, noting the widespread unpopularity of gangs, warned in a August 8 column in the Press, "The presumption of innocence seems to be conveniently overlooked by those eager to espouse the new law change."

The government is also using the pretext of "controlling gangs" to give the police greater powers, including to use electronic bugging devices, and to search vehicles without a warrant, in the Harassment and Criminal Associations Bill now before the justice and law reform select committee. Auckland Council for Civil Liberties vice president Barry Wilson called the measures "another attack by government on basic civil liberties." The government has passed legislation allowing police to forcibly take blood samples from suspects. In Christchurch the police have armed themselves with pepper sprays in a move that could be extended to cops nationally.

The government said October 1 it would boost the national police budget by more than $18 million, three months after proposing to reduce it. That same day the Police Association stated it had invited former New York Police Department deputy chief John Timoney to address its annual conference in Wellington. The New Zealand Herald reported that police "are challenging their bosses to shift to a New York style of policing . . . where officers have a big presence on the streets and take a harder line on all crimes, including antisocial behaviour."

In late September groups representing patients with psychiatric disorders objected to a proposal from the top- ranking policeman in Southland, Neville Cook, that police should have access to the medical records of the mentally ill. Psychiatric Survivors spokeswoman Susan Tawhai said "that if that sort of information is shared . . . they are going to always start by looking at us."

Defenders of civil liberties also raised objections to a recent Auckland City Council decision to give police the right to demand the name and address of anyone suspected of breaching a city council bylaw. According to the Herald, "the police sought the ruling because of difficulties controlling a protest by the Information on Ireland group at a St. Patrick's Day parade and persistent problems with window-washers and drag racers." Information on Ireland is a group that supports Irish unification.

News of another move against democratic and union rights broke in September when the Fletcher Challenge Forests company announced that it would institute random drugs testing of its 1,400 employees next year. The Engineering, Printing and Manufacturing Union and the Wood Industries Union opposed the decision.

Ruth Gray is a member of the Engineers Union.  
 
 
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