To start, public hearings don’t have any of the same legal powers as inquiries. Witnesses are invited to testify, but can’t be forced
So what’s the difference between a public inquiry and the ‘hearings’ that Johnston will be presiding over?A public inquiry comes with a full set of judicial powers, including the ability to subpoena documents and compel witnesses to testify under oath. Someone can also be convicted of contempt for failing to testify.
Public hearings like what Johnston is suggesting don’t have any of the same legal powers as inquiries. Witnesses will be invited to testify, but can’t be forced. They also won’t be subpoenaed or face any censure for not appearing.Johnston said in his report that he thinks a public inquiry is unnecessary, since it would duplicate the evidence-gathering he’s already completed, much of which could not be made public, he said, because it comprises sensitive intelligence.
By overseeing hearings himself, instead of calling a separate public inquiry, Johnston presumably intends to draw on his own knowledge of the evidence he’s seen.In a public inquiry, witnesses and affected groups often get legal counsel provided to them as part of the process, and anyone appearing can usually be questioned not just by the commissioner or judge leading the inquiry, but also lawyers for groups involved.
An exact schedule of Johnston’s plans for hearings has not been released yet, but he said he intends to
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