Royal Commission report day 18 page 4

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The Royal Commission evidence for 11/5/1881

(full text transcription)

(see also introduction to day 18)

'Constable Alfred John Faulkiner' giving evidence

5358 You then sent in that report?— Yes.

5359 It was brought back by Detective Ward?— Yes.

5360 And this third one was substituted in place of those two?— Yes.

5361 When this came back from Mullane, what did you do with it?— I made a second report relative to it.

5362 Was the original left in your hands?— Yes, it was given me from Senior-Constable Mullane back again.

5363 And you kept it?— No, I made a report relative to his memo. on the back of it, and I forwarded the two together afterwards.

5364 You again then forwarded this third from Benalla?— Yes.

5365 I take it that in the first place you were called upon to report upon whether you supposed it was known that the cave party was known to the outlaws or their friends?— Yes.

5366 You sent that report number one?— Yes.

5367 Mullane sent that back again?— Yes.

5368 You then sent the report number two?— Yes.

5369 That was not satisfactory?— No.

5370 That was returned through Detective Ward?— He came with it in his pocket, but did not give it to me.

5371 And you wrote a third?— Yes.

5372 And that is the reason that you say if the cave party you thought had not been known outside, that first one would have been forwarded to Mr. Nicolson?— Yes.

5373 Then you report to the Commission that you wish us to understand that your impression is that those reports were required to be made to order?— Yes.

5374 Will you take those in your hands—[the report]?— Yes.

5375 Are all three reports made by you there?— Yes.

5376 What are the dates of those three reports?— The 2nd April.

5377 All bearing the same date?— Yes.

5378 Were they written on the same day?— No.

5379 About what time elapsed between writing the report here (marked No. I and No. 3)?— It was on the following day—on the 3rd, I think, I sent up the report from Benalla.

5380 What is the first report shortly?— Relative to the duty in the bush.

5381 What information does it give?— As Senior-Constable Mullane did not call on us for any one particular thing, I made out my report accordingly, stating that I was at a loss to know what to report about, and asking to go before Mr. Sadleir or the Assistant Commissioner to explain.

5382 Did you get that back from the officer you sent it to?— Yes.

5383 Who?— Senior-Constable Mullane.

5384 Did you see his original memo. on your original document?— Yes.

5385 Is that a true copy?— Yes, it is a true copy. —

5386 The statement made in No. I was accurate?— Yes.

5387 Why did you make No. 2?— On account of Mullane's memo. relative to that and the attached report; that was my own first report.

5388 Under what circumstances was the third report made?— Detective Ward, when he came back with my two reports, told me to send in a report with reference to duty, as Mr. Nicolson wanted a report to put a favorable entry on my record sheet.

5389 In consequence of that you wrote No. 3 report?— I did.

5390 There is a memo. here from Constable Mullane:— “No reports were received by me that the existence of the cave party was known at depot, or that any person gave information of the party; reports were submitted by cave party that they believed Mrs. Byrne knew the police were there; these reports were given to Detective Ward, and returned to the constables who wrote them. — 5/5/81 .” If this statement of Mullane's is true that those reports were given to Ward, and returned to the constables, then it would be accurate to say that Mullane knows that the constables got those returned reports?— I could not say that Mullane would know that Detective Ward was not on the station when I handed in those reports to Senior-Constable Mullane.

5391 If he says those reports were given to Detective Ward, and returned to the constables, would it be true that Detective Ward, if he had them, did return them to the constables?— It would be untrue that he returned them.

5392 How then did you get it?— That is only a copy.....

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