No. 47 1265

SUPPLEMENT
TO THE
NEW ZEALAND GAZETTE
OF
WEDNESDAY, 23 APRIL 1980

Published by Authority

WELLINGTON: THURSDAY, 24 APRIL 1980

Royal Commission to Inquire Into and Report Upon the Circumstances of the Convictions of Arthur Allan Thomas for the Murders of David Harvey Crewe and Jeanette Lenore Crewe

ELIZABETH the Second, by the Grace of God Queen of New Zealand and Her Other Realms and Territories, Head of the Commonwealth, Defender of the Faith:

To Our Trusty and Well-beloved The Honourable ROBERT LINDSAY TAYLOR, of Sydney, Australia, One of Her Majesty’s Counsel Learned in the Law and retired Chief Judge at Common Law, Supreme Court of New South Wales; The Right Honourable JOHN BOWIE GORDON of Heriot, lately Minister of the Crown; and the Most Reverend ALLEN HOWARD JOHNSTON, C.M.G., of Hamilton, Archbishop of New Zealand:

GREETING;

Whereas, in 1971, Arthur Allan Thomas was tried and convicted, in the Supreme Court at Auckland, of the murders of David Harvey Crewe and Jeanette Lenore Crewe; And whereas, in 1973, following the making by the Court of Appeal of an order directing a new trial, Arthur Allan Thomas was again tried and convicted, in the Supreme Court at Auckland, of those murders; And whereas Arthur Allan Thomas, having been sentenced to imprisonment for life for those murders, was detained in prison under that sentence until the 17th day of December 1979 when His Excellency the Governor-General was pleased to grant to Arthur Allan Thomas a free pardon in respect of his conviction of those murders:

And whereas it is desirable that inquiry should be made into the circumstances of the two convictions:

KNOW YE that We, reposing trust and confidence in your integrity, knowledge, and ability, do hereby nominate, constitute, and appoint you, the said

The Honourable ROBERT LINDSAY TAYLOR,

The Right Honourable JOHN BOWIE GORDON, and

The Most Reverend ALLEN HOWARD JOHNSTON,

to be a Commission to inquire into and report upon—

1. Whether the investigation by the Police into the deaths of David Harvey Crewe and Jeanette Lenore Crewe was carried out in a proper manner; and, in particular,—

(a) Whether there was any impropriety on any person’s part in the course of the investigation or subsequently, either in respect of the cartridge case (Exhibit 350) or in respect of any other matter?

(b) Whether any matters that should have been investigated were not investigated?

(c) Whether proper steps were taken, after the arrest of Arthur Allan Thomas, to investigate any matter or information, if any, which suggested that he was not responsible for those deaths?

2. Whether the arrest and prosecution of Arthur Allan Thomas was justified?

3. Whether the prosecution failed at any stage to perform any duty it owed to the defence in respect of—

(a) The disclosure of evidentiary material which might have assisted the defence?

(b) Any other matter?

4. Whether, in respect of the jury list for either trial,—

(a) The Crown or the Police or the defence obtained preference in respect of the time at which the list was supplied?

(b) Any persons named on the list were approached by representatives of the Crown or the Police or the defence before the jury was selected?

(c) Anything was done otherwise than in accordance with normal practice or was improper or was calculated to prejudice the fairness of the subsequent trial?

5. Whether, after each trial,—

(a) The Crown or the Police made an adequate investigation into new matters, if any, which may have related to the deaths of David Harvey Crewe and Jeanette Lenore Crewe or to the trial and which were placed before the Crown or the Police by any person or persons?

(b) Any relevant facts became known to the Crown or the Police which were not known to them at the time of the trial?

6. What sum, if any, should be paid by way of compensation to Arthur Allan Thomas following upon the grant of the free pardon?

7. Such other matters as are directly relevant to the matters mentioned in paragraphs 1 to 6 of these presents: