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PROMISE OF CHANCE
TO REBUT EVIDENCE
— Royal Commissioner
"I shall do my utmost to see that any person
affected has an opportunity of rebutting, if he
can, allegations made against him," Mr Justice
Lowe said at today's hearing of the Roval Com-
mission on Communist activities in Victoria.
Later, Mr P. D. Phillips, KC, asked leave to
appear for Dr K, Bretherton, who had been men
tioned in evidence as a member of the Commun
ist Party.
Mr R. R. Shod. KC
(assisting the Commis
sion) said if people who
had been mentioned
wanted to make state
ments to the assisting
counsel, or to give
evidence, they should let
him know.
Mr Justice Lowe's assurance
followed a request from the
floor of the court by Mr Brian
Fltzpatrick, journalist, for an
opportunity to answer on oath
allegations made in evidence by
Cecil Herbert Sharpley. former
leading Victorian Red.
In evidence yesterday. Sharp-
ley said that Mr Fltzpatrick was
one who was alvays sympa
thetic and willing to help Com
munists.
Mr Fltzpatrick, who Is secre
tary of tne Australian Council
for Civil Liberties, said he
wanted to enter the witness box
to answer allegations which
were "untrue and reflected un
favorably on myself and
others."
He said Sharpley's allegations
had been widely publicised, and
if they were not answered
promptly, were apt to create a
"lasting erroneous Impression "
Mr Justice Lowe told Fltz
patrick to consult Mr Sholl.
He added, "I have no doubt
you will have the opportunity
of making a statement on oath."
Mr Justice Lowe told Fltz
patrick to consult Mr Sholl.
LEAVE DEFERRED
Mr Phillips said Dr. Brether
ton wished to deny, before toe
Commission, toe allegation that
he was a member of toe Com
munist Party.
He also wanted an oppor
tunity of asking leave to cross-
examine any witnesses relative
to Dr. Bretherton, and to ask
for Dr. Bretherton to be called
to give evidence.
Mr Justice Lowe deferred
the application. He said that
If Dr. Bretherton did appear
as a witness, Mr Phillips could
renew his application. If cir
cumstances warranted. he
would hear a further applica
tion from him for leave US
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This afternoon, before Mr
Lewis, KC opened his exami
nation of Sharpley on trade
union matters, Mr A. Fraser,
MLC, applied for leave to ap-
.w
pear for certain persons, some
of whose names had been men
tioned, or would be mentioned,
by Sharpley on the questions
on which he was about to be
examined.
Mr Fraser said he had been
Instructed that these persons
had also been called as wit
nesses.
To Mr Justice Lowe, Mr
Fraser said the persons were
.George Blyth Henderson. Leslie
Robert Russell. Gerald . Cam
pion, John Rogan, Alexander
Thomas Miller, members of The
Building Workers' Industrial
Union; Edward William Peters
and Jack Henry, members of
the Federated Clerks' Union:
William Thomas Lloyd and H.
Brand, of the Munition and
Ironworkers' Union.
Mr Fraser said those he had
mentioned would probably be
supporting many of the allega
tions made by Sharpley.
The Commissioner said, if this
was so, Mr Fraser would not
get leave to appear. He had
already taken a stand against
toe duplication of evidence. If
evidence arose which Mr Fraser
thought made it advisable for
any of his clients to get leave,
he would hear an application
then.
Full Report — Page 2.
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