‘In the interests of brevity his department will, in future, be referred to as the DSIR.’
Rolandson smiled and nodded.
‘On my right sits Mr F. G. French of the New Zealand Mines Department. The gentleman immediately below me is Mr John Reed, barrister-at-law; he is Secretary to the Commission.’ Harrison surveyed the tables in the hall. ‘There are several interested parties present. Perhaps they would identify themselves, beginning from the right.’
The well-fed, middle-aged man seated next to Ballard rose to his feet. ‘John Rickman, barrister, representing the Hukahoronui Mining Company, Proprietary, Limited.’
There was a long pause before the man at the next table got to his feet, and Edwards whispered, ‘Ballard has no personal representation.’
‘Michael Gunn, barrister, representing the General Miners’ Union of New Zealand and the relatives of its members who lost their lives in the disaster.’
‘Alfred Smithers, barrister, representing the Ministry of Civil Defence.’
‘Peter Lyall, barrister, representing Charles Stewart Peterson and Eric Parnell Peterson.’
There was a sound of surprise in the room, a compound of sudden involuntary movement and indrawn breath. Edwards looked up from his notes. ‘Why should they think they need legal help? This sounds promising.’
Harrison waited until the stir died away. ‘I see we are greatly endowed with legal aid. I must therefore warn the legal gentlemen present that this is not a Court of Law. It is a Commission of Inquiry which is empowered to make its own rules of procedure. Evidence will be heard here which would not necessarily be admissible before a Court of Law. The object of this Commission is to find the truth of what happened during the events which led up to the avalanche at Hukahoronui, during the avalanche itself, and what happened afterwards.’
He leaned back in his chair. ‘Adversary tactics, such as are common in law courts, will be frowned upon here. We wish to find the truth unimpeded by legal technicalities, and the reason we wish to find the truth is to make certain that such a disaster does not happen again. The force of this consideration is so great that the Commission hereby rules that any evidence given here may not be used in any future legal action other than criminal which may eventuate as a result of the avalanche at Hukahoronui. The protection of lives in the future is of more importance than the punishment of those who may be felt to be guilty of acts of omission or commission arising out of the disaster. The Commission is legally empowered to make such a ruling and I hereby do so.’
Gunn hastily rose to his feet. ‘Mr Chairman; do you not think that is an arbitrary decision? There will be matters of compensation arising. If interested parties are denied the use of evidence in a future legal action, surely an injustice will be done.’
‘Mr Gunn, I have no doubt that the government will appoint an arbitrator who will study the findings of this Commission and make the necessary dispositions. Does that satisfy you?’
Gunn bobbed his head, a pleased expression on his face. ‘Indeed it does, Mr Chairman.’
Dalwood murmured to Edwards, ‘No wonder he’s pleased. It’s all going to happen here – a bloody drumhead courtmartial with no holds barred.’
Edwards grunted. ‘He’ll not get much past old Harrison.’
‘And now we come to the question of witnesses. Some citizens have come forward voluntarily to give evidence here, others have been subpoena’d by one or more of the interested parties.’ Harrison frowned. ‘I, and my fellow members on the Commission, have been much exercised as to how the evidence should be taken, and we have decided that it shall be taken in chronological order, insofar as that is possible. Because of this, any person giving evidence may be asked to step down before his evidence is wholly completed if we find it necessary to do some filling in. It follows, then, that all witnesses should hold themselves in readiness at all times during the sitting of the Commission.’
‘Mr Chairman!’
Rickman was on his feet. Harrison said, ‘Yes, Mr Rickman?’
‘Such a condition is likely to be onerous on certain of the witnesses. Some of them are busy men with duties which lie outside this room. This is likely to be a long inquiry and I do not feel that such a condition is entirely fair.’
‘When you refer to certain of the witnesses can I take it that you refer to Mr Ballard?’ asked Harrison drily.
‘Mr Ballard is one such witness,’ conceded Rickman. ‘Out of consideration for him it would be better if he could give his evidence and retire.’
‘Is Mr Ballard a citizen of New Zealand?’
‘No, Mr Chairman; he is a United Kingdom subject.’
‘And would his retirement from this hall be as far away as England?’
Rickman bent down and spoke quietly to Ballard who replied in equally low tones. Rickman straightened. ‘It is true that there are certain matters in the United Kingdom which urgently require Mr Ballard’s attention.’
Harrison’s voice was cold. ‘If I thought it was Mr Ballard’s intention to leave New Zealand during the sitting of this Commission I would ask the relevant authority to relieve him of his passport. This inquiry is a serious matter, Mr Rickman.’
‘I am sure it is not Mr Ballard’s intention to flout the authority of the Commissioners,’ said Rickman hastily. He bent down again and spoke to Ballard, then he rose and said, ‘Mr Ballard has no intention of leaving New Zealand at the present time.’
‘I would prefer to hear that from Mr Ballard.’ Harrison leaned forward. ‘Is that correct, Mr Ballard?’
Ballard stood, and said in a low voice. ‘That is correct, sir. My time is at the disposal of the Commissioners.’
‘In that case you will have no objection to attending this inquiry with the rest of the witnesses. Thank you.’
In the Press gallery Edwards said, ‘My God! Whoever Rickman is representing, he’s not representing Ballard. He set him up just to knock him down.’
Harrison said, ‘This inquiry will not have the formality of a law court, but neither will it be a free-for-all. Representatives of the interested parties may address the witnesses at the discretion of the Chairman. It will not be necessary to disturb the sacro-iliac by standing each time – a mere raising of the hand will suffice. The assessors may question the witnesses in their respective fields of expertise.’
He put his hands together. ‘Since we are gathering information in chronological order it becomes necessary to decide at which point of time to begin. From depositions laid before the Commission I gather that it was the appearance of Mr Ballard in Hukahoronui which led to a series of events which may – or may not – have relevance to the disaster which took place some weeks later. That is for this inquiry to decide. Be that as it may, I think the first witness should be Mr Ballard.’
Reed, the secretary, said, ‘Will you come forward, Mr Ballard, and sit down there?’ He indicated an ornately carved chair a little to the right of the rostrum. He waited until Ballard was seated, then said, ‘Your name is Ian Dacre Ballard?’
‘Yes, sir.’
‘And
