ACTION CENSURED.

Ashburton Guardian, Volume 61, Issue 40, 27 November 1940, Page 6

ACTION CENSURED.

POLICE INVESTIGATIONS CHIEF JUSTICE CALLS FOR • INQUIRY. WELLINGTON, This Day. The comment that the conduct of police investigations called for a strict inquiry by a tribunal of competent men versed in the processes of justice in criminal cases was made by the Chief Justice (Sir Michael Myers) in the Supreme Court before passing sentence on a young woman who pleaded guilty to permitting the unlawful use of au instrument and attempting to conceal a birth.

Sir Michael Myers referred to the fact that the prisoner had been subjected to a five-hour examination by the police without being given the customary warning prescribed by the law. Ho ventured to say that when the war was over , one of the most serious problems legislators and thinking persons would have to solvo was the problem of interference with the birth of children and the slaughter of children prior to birth. It was explained that a statement was obtained from accused with the object of obtaining evidence against the abortionist who was not known at the time.

The Judge asked if she had been promised, by word or otherwise,, that she would not be prosecuted; Where it was suspected that there had been a professional abortionist, the practice was to let the woman know that she would not be prosecuted. If she gave information is was not customary to prosecute. He asked counsel if he had asked the woman if any promise had been made.

Counsel (!Mr A. T. Young) said that he asked under what circumstances the statement was taken. Prisoner was told all along that she had nothing to worry about, and if she told the truth she would come to no harm. Apparently she was worried abfeut the young man in the case and they told her that it would be all right. The Judge said he had pointed out, over and over again, sometimes in Court and sometimes by sending for the Crown Prosecutor, that the procedure was Avrong. He had directed that the matter be brought before the authorities.

Emphasising that the cays: called 1 for the strictest inquiry, Sir Michael Myers said it Avas perfectly plain that at no time Avas prisoner Avarned. “This whole matter avrs the subject of examination' by a Royal Commission ini England. Whatever rules are laid down they must be operated Avith due regard for the interests of justice and the interests of justice do not necessarily lie in securing convictions. Justice is not a. car or juggernaut which is intended to mutilate everybody avlio comes within) its ambit.”

Addressing prisoner, the Chief Justice said 1 he had consulted tAVO other Judges and proposed, Avith very great hesitation, to grant probation. The Judge, said that the nroblem must he attacked and solved if the nation was to survive, the difficulties'and perils of the future.

“I Avould like to add 1 that the problem cannot he solved by extension of the continuance of conditions Avherbby people, Avhether by preference or by compulsion, live their lives in flats, flatlets, or rooms in apartment houses It is because of the seriousness of the question that I feel some diffidence and hesitation in granting probation, but first of all I would regard it as unfortunate: if you Avere toi ho made tho victim of, shall I say, present-day conditions and the unfortunate opinions of .a .large, section of the community.”