What Was That Policeman Up To? (Press, 24 December 1976)
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Summary: What Was That Policeman Up To? (Press, 24 December 1976)
The report concerning the "Moyle incident" indicates that the police are not primarily at fault for leaking information; however, it raises serious concerns about police practices, particularly regarding the potential entrapment of homosexuals in Wellington. The incident dates back to June 1975 and involves allegations of undercover police actions that led to incriminating situations for individuals engaging in homosexual behaviour. Entrapment occurs when law enforcement officers, disguised as potential offenders, lure individuals into committing crimes without prior intent. This issue gained attention in the United States earlier in 1976, highlighted by a case involving Representative Allan Howe who was accused of soliciting after encountering undercover police officers posing as prostitutes. The case sparked debate over whether such individuals are “unwary innocents” or “unwary criminals” influenced by the presence of decoys. While courts in the U.S. have largely accepted the use of undercover agents for drug offences, civil liberties advocates question the morality of the state orchestrating criminal acts only to prosecute those who engage in them. In New Zealand, undercover policing has become a norm, particularly in drug-related crimes, brothels, and sexual offences. However, cases like the recent Auckland decision by Justice Mahon, where a defendant was discharged because the undercover officer actively encouraged drug sales, reveal the controversial nature of such policing tactics. This ruling echoes a 1932 U.S. Supreme Court decision that suggested a government instigating a crime to enforce laws was fundamentally flawed. The article strongly critiques the application of entrapment in cases involving victimless crimes like homosexuality, arguing that employing undercover operations for such offences lacks justification and can add unnecessary pressure on individuals who are already socially marginalized. Instead of engaging in deceptive practices to secure arrests, police could adopt more straightforward methods to alleviate public nuisances related to prostitution and homosexual activity. The commentary suggests a need for the New Zealand police to clarify the objectives and operations of their teams, particularly in light of public scrutiny following the Moyle affair. Should the police unit be found to engage in the entrapment of homosexuals, it could face significant criticism, raising ethical concerns about the policing of private, consensual behaviour that does not harm the public. Additionally, the article touches upon other news, reporting that the arrest of the leader of the Spanish Communist Party has garnered international attention amid Spain's potential reformations. It also notes that legislation aimed at reducing sex discrimination in Britain will soon mark its first anniversary, though its impacts remain a matter of concern for women. Lastly, in agricultural news, New Zealand may approach self-sufficiency in wheat production next year, despite recent unseasonable weather affecting harvest times.
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