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Series F, Section 7: Letter from Hewitt. 25 July 1975

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E i'-attorcoa Eo*^

I'Gciric i)epeado.nt iGrritoriGS 35©pnrtniont

For-eifui sad CoinDOCwealth Offico LCEOCil OW 1

jmijpVni HIGH OA.il-.HIOIl

£5 July 1975

HAIUDAJJ l^T^Al. AOUICHG? IiiCEEOGGR IIaOI-E

1, I ovoatually was aX>l© to a'3-fee contscf ulth TTCjf.mf:.<}t

Haudo tbia Both ho aad hio wife had booa i l l with f l u .

2m X called on Profcasor Haude and his wife at their

ti0A20 yesterday. X e^cplrdund the latest dcve..Icr'';i'-v.ts en

b'.'sio of yoay letter ki'* 19/? of 8 July* oLovdu-; hia a cc^;,'

of i t tO(^othcr with the attached doainoitts. Ho had r.'lr:';r.r.!;,r rscaived Ing's letter of 9 July (enclcG-td with ywsr furth-rr

letter o.f 11 July) and had therefore e,'<•>;?oteel mo to ra^Xe

contact with his.

3. Erofeoeor ilaudo explained th'^t althoiifjh ho, a.n8. ''is wife, v/cro not nnrloxta to rro to Eritelr>, thay hnd row

their r.tnda tb.-^t they should do no to provid;) v-'y

»r stance they could to the Cro%*n in tho' lli-'h c--.

hrourat: by tbo Gajial>:AjAs. lie was coxeov-AaJ, howcvru". il. v;

X'faatcvar assistancc he ai(;fo.t provide \jc.uld not 1.direntV.-

relevant to tho specific point ncntiOE.r-r; In p.'ira-'iraph 4 of

y^'Ur letter of 8 July, in-iisely th.a necotintions for the

acouipition of furtlier- Ijmd c-n Cco':in l.Dl':o:5d vVdch in 19'^7, He explained that his kaowlef-ac of tho

vn.3 only cncottd-band and had "focca g.atncred from th© rel^vGua uoc\r.;crtl;s of ths tlunc e-v'sllhlAlo to h.lr; (and »o douhii also

<ivailfthle In London) and fro^s discnsoio-nfls with the late Kr- -

of i'hp^BFG ul\o had h'.mdlo'i tlio xie-r:;ot'i,*^t;ic-a3 wit"'! lliy '

on i«ibi Island. Ac far as his rccolleeiioa t?ve

nrip^otlafclona h.ad been cond.notod by b-rr/T.ard and the then hi;,'b

C<-«3i!fi«!&lon for tho Ucetera faclflc, based in Buva. He wac

iiloo concomed that his proseaoo ao a witness for the Crown could ho usod to ridvantaea by tho plninti-ffr.* co'unecl in Ci.-osn o:c5i:s;iti:-ition» 'ion will recall Hxkha carllor corrocaond.

(ciy letter of 9 April to Balleck) that tho plaintiffs * sol i.e.. v

fbvcurod 0 irubposna si^ainst liim to aj>c-- >r as a witr.csin fco-' t:- prosccuticB. Vhat tha pl-aintiffa* solicitors and cc»..\nacx .-

p.articulf-irly sought was'his evidcnco about tho crc:p.ilaor;7

accuisition of land on Ccaaa Island in 1931. '11;oy had h • a ux-.vbio to find other witnesses to t'Ast.ify on thio t«nu'> »^nd

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tho matOer tborofor-Q had uoi; hoen raii?od so fajr. Th^-

Bonabanij* couBael^ howevos', yz^G aviaro cS tha facta, rl^uda

thouyiit thab. ii% in croas orjuijinationj the- i>lalnt?ifrG*

connnval vorzi ta rafor to cveiita in this period, bin

rccoll-^;ctio?i of oYr-intQ night bring cut court evidence which could "bo emborraching to the Crovm^ He particularly ro^e•ri^.'id to an episode in which ccrno hrmstban wonen, clutching the trccfT on tho land to bo acquired, bad to bo forcibly remove I'O also roccuntcd a ctory of Itotari giving him a bag, yhioh

hot en said wan full of cold eoYor®l>^:rio, o.nd_ "beseccblric iiin to go to hoi'J' Zealand to find a lawyer fcr tlio h^nabuns* blien lirofocoor Caudc told fix' Arthur uriTiblo of this I'^ocuoat, the latter ir.iTMQd.iatoly ruled i t out cf ccart*

A-, Frofeaeor Haude itaXd i t Y'ds noy clear that tho poncdhilit,'/

of t^xking a Icicmrcly sea voyage to Biltain was a ron-startor

i f ho was cxrcGched to arrivo in. louccn i n C'ctcbcr* In Vic;.'

of his health and that of his wife, he r.aid, howover, that he would he williiic to travel to London, by elr» accompanied by bin vdfe, on the follo'witxg co.nditions s-

(a) int olaec air travel* on tho way to London, with stor-

of.f8 for two days in, cay, Ilonclulxi and S'lorlda*

(b) 1r>t clncc return South .Africa or axicthcr slK.lar

wn.ivj cl inate •

(c) Hotel rooffis- boolcod in advance at the various stopa.

(d) .Auv^inco of cubsistenco to pay hotel bills cyi tho

^ournoy or authority to charge thcra to the aceoimt of the noarast Sritisb Kissioa»

(a) roynor.t of rodicol insurance cooto and pnyrr.ont of

p.edicrO. cnstn incurred on the ^curney. If cither he cv

his -wife should fall i l l , by tho rcearcot Bjltish

(f) AcecLirodntion in .london (oithcx" hotel suite or rcrvicr

flat) boahed in aivanco and poiei for by iUiu*

(c) h'ensonable ©ubsietenoe in London*

5* Both Profop-sor H.-xud® and his wife were ouito naturally,

Civon their ogo, concerned about lenvl)5g their houise wnoccupitd

for a. period, of time, 'Dhoy also wondered about their auil

ond^how it could be foxv/arciecl to thorn the AuctTOlinn i'oat

la!rice does.not foru^ard rail overseas. Both those points c.an

\ e looked a.ftGr hero locally. I am sure c.^n nrrange for thoxr houie to bo.inspected weekly by one of our etaff.

J tapo it that wo could also sceur-o autl.ority frcsi CosuRuaicatir. ••

r-x'.'^rch to have their snail forwarded by bag-, if it were re-.addv -

to tnc fiigh Oostmioaicax.

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6, Fro-feo-^^or Xfeisdo and hia uife b-oro ecnccrriod about i-iUcn rrofossor ♦"•rxudd r-i^ht be ©iq^ectod. to oppo-Mj? in court, 'i'noir concom bore relates to tl'ielr worry about stayiag in London durinrj an i'tii-illoh wintery wriicli thoj?' foci could

onrioucly a!:,araYato their r.oclicul conditiono. 'fhoy did not wJ.j'di to bo in London botweon jnid-MOVv^ob.-r und mid^ApriX.

i rorAiina-bly tldn could cause dirricultioo, an i t now scons uuiikcly that tlic occond caoo will olart in early Cc^cbor n.n previcunly Gnvioaacd® lurtbornoro idvoy did not vdoh to bo absent frer. AuntrcJiu for a pciuoci Xcu?j;wr tlion sio: v/ac>f.;, Tboy sriVisai.-o<'{. arriving: in London tuo uocbs or go before I'rofoaoor Haude*® proscuce waa required to acclinatioo

th.v.nc-olvco rmd to allow a sufficient period for consultation.:!^

etc., v/itb counnol#

?• Frofoonor baudo realised timt iii<»ny of his conuitienn cociacd pcjrhuptj iBjporUmnite but hoped that they t^ul-i bo u.ndcrc.tood in view of hi© health snd that of his wife.

I jnado clear that I would pans thcra on? I could r.abo no coAuitRUintG, I must Is.-.u/o I t to you ana coxmsel to decido whether on balance, both in view of .irufosiur.cr Ibrndo's concojm about the usefulnesa of his cvidonee, and the cen/iitiorui

which he would lilio to be rnst, i t is ntill in Iu:Ct*s rl;

to ask I-ro;rGS«>or l;aud,o to oomo to London.

J rofcr.sor lioude caid he wonld vrite a shox't noto to

Iiip: to say that I was paniiiir^ on the substanco of our conversation. I thercfora oncloso s.n sntrsi copy of thin

latter which, you will winh to pass tc Xn.?»

d W Howitt

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