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Thursday, 9 December 1976

To the Honourable the Speaker and Members of the House of Representatives of the Commonwealth of Australia in Parliament assembled. The humble petition of Danny Sankey of 18 Village Lower Road, Vaucluse in the State of New South Wales, Solicitor, respectfully sheweth:

1.   Your petitioner is the informant in certain committal proceedings commenced on the 20th November 1975 in the Queanbeyan Court of Petty Sessions wherein it is alleged inter alia that certain former Ministers of the Crown, namely the Honourable Edward Gough Whitlam Q.C, the Honourable Reginald Reginald Francis Xavier Connor, the Honourable James Ford Cairns and the Honourable Lionel Keith Murphy Q.C. have breached Section 86(1 )(c) of the Commonwealth Crimes Act 1 9 1 4 as amended.

2.   The said committal proceedings are part-heard before the said Queanbeyan Court of Petty Sessions where certain matters of Crown Privilege are being argued.

3.   The presiding Magistrate Mr D. Leo S.M. has tentatively fixed the 1 0th January 1977 for the hearing of evidence to be adduced by and on behalf of the Informant.

4.   On 4th June 1 976 this House granted leave to your petitioner and his legal representatives, inter alia, to inspect the documents tabled in this House during the course of its proceedings which took place between 2.55 p.m. and 10.09 p.m. on the 9th July 1975 and to issue and serve a subpoena for the production of the said documents in the said proceedings.

5.   Your petitioner has been advised by his legal representatives that it is relevant to these said proceedings to establish in evidence as a fact what was said in the House on the 9th July 1975 by the Honourable Edward Gough Whiltam Q.C. and the Honourable Reginald Francis Xavier Connor.

6.   Your petitioner has been advised by his legal representatives that the establishment as a fact of what was said in the House on the 9th July 1975 by the said honourable members would appear to be in accordance with the principles laid down in Church of Scientology v. Johnson-Smith (1972) 1 All E.R. 378 and Dingle v. Associated Newspapers Ltd. (1960)1 All E.R. 294.

7.   What was said in the House by the said honourable members on the 9th July 1975 is reported in the House of Representatives Weekly Hansard No. 12 1975 at pages 3556-3601 inclusive and at pages 3610-3625 inclusive.

Your petitioner therefore humbly prays that your honourable House will:

1.   Grant leave to your petitioner and his legal representatives to adduce into evidence in order to prove as a fact what was said in the House on the 9th July 1975 by the Honourable Edward Gough Whitlam Q.C. and by the Honourable Reginald Francis Xavier Connor, the said pages 3556-360 1 inclusive and pages 3610-3625 inclusive of the House of Representatives Weekly Hansard No. 12 1975 or alternatively the relevant pages reporting these statements made by these honourable members and contained in the House of Representatives Daily Hansard of that date.

And your petitioner as in duty bound will ever pray. byMrEllicott.

Petition received.







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