ACTION DISCUSSED

Ashburton Guardian, Volume 55, Issue 246, 31 July 1935, Page 8

ACTION DISCUSSED

POLICE WITHHOLD STATEMENT WITNESS NOW INSANE. (Per Press Association.) PALMERSTON NORTH, July 30. The right of the police to withhold a statement taken from one of the parties in a motor- collision who is now unable to give evidence because he is insane was discussed in the Supreme Court. “I suppose you are hampered by a departmental regulation,” said Mr Justice Blair, on Inspector Rawle being summoned. “'ls it a general instruction?”

Inspector Rawle: • It is a specific instruction in this case. His Honor: As far as I can see, we will have to have the statement. It does not seem that a question of privilege is involved. His Honor explained that the statement was needed to assist the medical Evidence. He appreciated the position Inspector Rawle was in, and he would he grateful if he would consult Commissioner Wohlmann.

Inspector Rawle replied that he had been given instructions not to produce the statement.

Mr H. F. O’Leary, K.C., the defence counsel, said: '“I think Mr Rawle might tell the commissioner that he will get a subpoena if he does not produce the statement. I am quite serious.” Inspector Rawle said the police had been upheld in refusing, to produce statements. Mr O’Leary: Since then the Chief Justice several times has peremptorily ordered their production. A further discussion on the subject between Inspector Rawle and Mr Justice Blair took place in the judge’s room.