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Salient. Victoria University Student Newspaper. Vol 35 no. 7. 19 April 1972
Devon, Come in from the Cold
Devon, Come in from the Cold
Devon Biggs, Security Agent in the university, true or false? These are the facts on Devon Biggs, as far as Salient can ascertain them at the moment.
In Cock 16, Chris Wheeler stated that Devon Biggs, a Political Science Masters Graduate at Victoria University, was a member of the Security Service, and had been operating within the university for at least three years. This dates his activities back to 1969 at least.
Cock 16 had a photo of Devon Biggs leaving Security Service Headquarters at 175 Taranaki St., in the company of C.J.S. Durrant—a known agent. He was also seen observing (from the fringes) the February 1972 Suharto Demonstration. Following this demonstration on the night of Friday 11 February 1972, VUWSA president Peter Cullen spoke to Devon Biggs at the Brunswick Tavern about his presence at the demonstration. In the course of this discussion (and Peter Cullen is willing to swear this on affidavit) Devon Biggs admitted that he was employed by the Security Service — although he wouldn't specify his salary or the nature of his work for them. They also discussed, in general terms, the operation of the Service.
Impersonation
Personation—Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months, or to a fine not exceeding $200, or to both, who (not being the Director or an officer or employee of the Security Intelligence Service) describes himself or otherwise holds himself out as the Director or an officer or employee of the Security Intelligence Service, unless he establishes that the manner and circumstances in which he did the act which is proved were such as to raise no reasonable inference that he was describing himself or otherwise holding himself out as being in reality the Director or such an officer or employee.
If Devon Biggs is not a Security Agent as he told Peter Cullen, he is liable to prosecution under this Act. If he is an employee of the Security Service then the question of prosecution does not arise.
Recommendations
Some broader issues come out of the Biggs Affair. The J.D. Hutchinson Commission, which was set up in part to investigate the Godfrey Incident, made two recommendations.
Firstly, no member of the Security Service enrolled as a student at a university should carry out any inquiries into security matters within the precincts of the university. Secondly, the proposed attendance of a member of the Security Service at a university should be discussed between the Security Service and the university authorities before his enrolment.
The difficulty with these recommendations is that they leave the onus of compliance on the Security Service. If they choose not to observe the recommendations, they can do so with impunity. The present vague situation then is worse than useless. It can cast a doubt on the university authorities integrity if an agent, whose existence was previously unknown, is found in the university.
A further problem is how to prevent a man spying for the period that he is at university, when his profession—before he comes and after he leaves—is spying. This must create an insoluable conflict within the individual concerned, between his obligations to his employer, and his obligations to his fellow students and the university staff.
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Hi, We're from the telephone cumpney an' we wanna...ah...check yer phone.
Surveillance
The question of Security Service surveillance of the tutorial or lecture room is not an important issue in the Devon Biggs case. But being a reasonably prominent student figure—he did run for executive in 1969 and no picture or biography was supplied to Salient— he would still have his old student contacts and friends. The problem of a student, being recruited by the Security Service, after completing his degree, using his old contacts and friends to obtain information on "subversives" is obvious.
The whole information-gathering apparatus is antithetical to a democratic state, as is the appeal system, which denies the complainant the right of challenge and cross-examination, a manifest right in the law courts of a Democratic Society.
No Chance
Function of the Commissioner—(1) The function of the Commissioner shall be to inquire into complaints made in accordance with this Act by any person ordinarily resident in New Zealand that his career or livelihood is or has been adversely affected by an act or omission of the New Zealand Security Intelligence Service.
(2) In pursuing his function under this Act the Commissioner shall have regard to the requirements of security.
(3) In arriving at his conclusions the Commissioner shall hear separately and in private such evidence (if any) as may be tendered by the complainant and any witnesses whom he may wish to adduce, and shall hear separately and in private such evidence (if any) as may be tendered by the Director and any witnesses whom he may wish to adduce.
The whole information gathering apparatus is antithetical to a democratic state, as is the appeal system; which denies the complainant the right of challenge and cross examination, a manifest right in the law courts of a Democratic Society.
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Which one is the real Mr. Natural??