GEORGE BIZOS
May I first give  members of the Committee an 
overview Mr Chair before I start to argue the matter in detail?  
Firstly I would like to indicate to the Committee that my learned 
friend Mr Malindi and I have agreed to share the argument that is 
to be advanced with the Committee.  Generally I will deal with 
pages 1 to 20, my learned friend will deal with pages 20 to 45, 
and I will deal with the rest of the argument.  But having with 
respect listened to the argument of Counsel for the applicants and 
the questions that were posed by the Committee and some of the 
answers have been given, we would like to make certain 
preliminary submissions.
	Firstly that before we can try to apply the facts to the 
provisions of Section 20, the committees onerous duty is to try 
and determine the facts and the facts obviously cannot be 
determined without meaningful submissions having been made to 
the committee about the credibility of the witnesses that have 
given evidence before you. And before we get to the application 
of the facts to the provisions of the Act we would like to make 
certain general submissions.
	Firstly for the purposes of these preliminary submissions, 
we submit that the evidence of Mr Derby-Lewis, Mr Walus and 
Mrs Derby-Lewis can be grouped together and what I am about to 
say about each one of them as witnesses applies although not 
squarely in general terms to each one of them.  
	Firstly that they are witnesses who on their own version 
have admitted that they are not strangers to lies.
	We start with Mr Derby-Lewis.  Although he did not give 
evidence at his trial, he thereafter made an affidavit in which, not 
only did he say that he was innocent of his crimes, but he also 
tried to hold himself out as a most unfortunate victim of the 
administration of justice; he not only lied about his participation 
in this murder, he lied about having been not properly defended 
and complaining about his attorney and counsel, and when this 
untruthfulness is drawn to his attention, he says well I committed 
perjury because I considered that it was still part of the struggle. 
We'll examine that a little later but for the purposes as to whether 
he is to be believed as a witness on his own, we would submit 
that that is sufficient to approach his evidence with considerable 
caution.