ACCESS TO DOCUMENTS

Ashburton Guardian, Volume 56, Issue 21, 6 November 1935, Page 8

ACCESS TO DOCUMENTS

QUESTION ACAIN IN COURT. (Per Press Association.) AUCKLAND I , November 5. The frequently-raised question of the right of the court to access to documents which the police claim are privileged, arose in the Supreme Court during the hearing of a claim for damages arising out of a motor-car accident. A constable was giving evidence, and he admitted to Mr North, counsel for the plaintiff, that he had obtained a certain statement from the plaintiff’s husband.

“I ask for it to he produced,” said Mr North.

The hour iVas 5 o’clock and Mr Justice Fair interposed to say the case would be adjourned. “You will make inquiries,” he said to the witness, “as to whether the statement is available and you will bring it here. If you are instructed to claim privilege you will submit that claim.” Constable Rattray said he had been instructed already simply to produce a plan. His Honor: But you are now asked to produce the statement. You will bring it to court to-morrow and in the meantime get instructions from superiors whether privilege is claimed in respect to the statement. Mr North: I am asking for my own client’s statement to be produced. His Honor: You will produce Mr North’s client’s statement.

Witness: Well, I will ask to get it in. His Honor: You will he required to produce it.