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Wednesday, 10 November 1982
Page: 3019


Dr KLUGMAN(10.43) —I feel very strongly about this matter. I believe that we are dealing with fishing expeditions. The Commission will be able to do what police do now. I object to it. Police can pick up young people driving in a car, and under the pretence of looking into the boot to see whether the spare tyre is bald or otherwise, they look, for example, for evidence of marihuana for personal use. If such evidence is found they will prosecute those people. The police will pretend that they had reasonable grounds to carry out the search. I refer to the position some years ago in the United States of America. Police officers had to have 'reasonable grounds' to enter people's homes. They had no evidence whatsoever but it was held in some case that if the police officer could hear from outside the House that the toilet was being flushed there were reasonable grounds to believe that people were disposing of incriminating evidence. The police officers used to break into homes without any warrants being issued. The evidence always was that, no matter how thick the walls, as the police passed they could hear the toilet being flushed. That was considered to be sufficient evidence on so-called reasonable grounds to carry out searches without warrants. I believe that the Commission, when it asks for a warrant to be issued, should be quite clear. Clause 14 (4) (a) states:

a statement for the purpose for which the warrant is issued, which shall include a reference to the matter in respect of which the Commission is conducting an investigation and with which the things of the relevant kind are connected . . .

We should not accept the proposition that anything of another kind or anything that an officer believes on reasonable grounds to be connected with another matter altogether should be allowed to be seized without a specific warrant authorising the police to seize that thing. To my mind there is no clearer case of fishing expeditions in searches, as distinct from the inquisitorial nature of the hearings which we will deal with later, which give unnecessarily wide powers to the people connected with the work of this proposed Commission. I therefore strongly urge the Government to accept the removal of clause 14 (5).