OUTLINE BY COUNSEL.

Auckland Star, Volume LX, Issue 45, 22 February 1929, Page 8

OUTLINE BY COUNSEL.

SCOPE OF COMMISSION.

"ICO disciplinary POWERS."

METHOD OF DETECTING CRIME

roirnox of evidence ix camera.

The order of reference appoints the commission "to inquire into and report "upon (a) the efficiency of the discharge of their duties by, and (b) the conduct of all or any of, the members of the police force of New Zealand in relation to the inquiries made and the steps taken by them or any of them concernfo&Sft subsequent upon, the disappear-•ricA-ani death of Elsie Walker, late of •Pttpsmoa, deceased, and to inquire into Jpport Upon the question whether it ™; or advisable that any rules or instructions should be laid down for tlie guidance of members of the poiier force touching the steps to be taken and the inquiries to be made unon similar occasions In the future."

' * uf 1 ® Commission is also empowered to <*H-«nd fxamine on oath or otherwise _»uch persons as it may think capable Cf infor mation, and to tall for ftira examine all books, papers, Wj'itiii** documents or records as it may deem hfcWy to afford it the fullest information these matters.

Jlr. A. E. Currie, of the Crown law ©fficc, Wellington, led the evidence Chief Detec+ive Hammond was represented by Mr. Allan Moody; Inspectors Hollis, Mcllveney and Eccles by Mr. A H. Johnstone.; Detective-Sergeant Kelly by Mr. G. P. Finlay; Sergeant Lambert, of Otahuhti, and Constables Collins, Pol lard, Nield, and Maloney by Mr. L. P. Leary; Superintendent Wohlmann bv Mr. Johnson.

The Opening. His Worship suggested that Mr. Currie should marshall the evidence and lead | it. Then, when it was concluded, other counsel could call any evidence thev Jnight wish. All counsel agreed that that mode of procedure was acceptable. Mr. Leary suggested thgt the Commissioner should view the locality where the body was found. His "Worship said he proposed to view the locality, the place where the car was found, and it might be the locality of Papamoa, but he would first hear* Mr. G'urrie's opening and early in the ease fix ft time for viewing the places mentioned. Mr. Currie asked whether witnesses should be requested to leave the Court until called to give evidence. There Would be a conflict of evidence on one point only, as far as he could see, but he would have to ask for certain explanations, and perhaps it would be better if all witnesses were ordered out of Court. Mr. Finlay pointed out that the men counsel represented were having chargemade against them, and their presence in Court was necessary to instruct coun Bel.

No Disciplinary Power. Mr. Currie said the Commission had no disciplinary powers, and the report of the Commission would have 110 more effect than a leading article in a newspaper. Only the police authorities could deal with police officers Mr. Finlay: Then this inquiry is futile? Mr. Currie: I am not here to explain that. Mr. Page said he would hear Mi Currie's oj>eniiig and then decide th<: point. Mr, Currie then said it would be neces sary to bring evidence as to methods of detecting crime and it was felt that it •would not be politic to make such information public. When such matters tvere broached counsel asked that the evidence lie 1 Vrd in camera. It was con sidered that the inquiry should not be used as a means of educating criminals in methods of detecting crime. . His Worship agreed to the course suggested.

Frocedure Outlined. Currie, in opening the case, said •wnnquirv was not an inquiry into the death of Elsie Walker; that it-fc««.vv!?* - a * inquest. Neither was the in »° tl,e manner in which of o , P ollco had the «n inquiry into ' Nor was ;t of thv polic* foree ® enera * organisation " maid *■ methods of orwn&n lUpposin « the I» '•""'I to •hould be inquired into! ®*tter«

Mr. Currie asked whether the examination was to be directed to a general criticism of individual officers?

Mr. Page intimated that if an individual officer were found to be at fault, the matter should certainly be inquired into, and be made the subject of comment.

Mr. Currie then went on to outline the evidence that he proposed to call. He detailed the regulations referrins to the police establishment in the Auckland Province, showing the various duties assigned to the different officers of the two branches—uniform and plain clothes.

Heap of Files. Mr. Currie referred to the depositions taken at the inquest, stating that the S.M. had already read them. He went on to refer to the salient dates in the case, starting from October 1, when the girl left Papamoa. He detailed the steps in the case from the time the }>oliee first received a report that girl and ear were missing, up to the inquest which was held last month. Counsel drew the magistrate's attention to the police files (a heap of foolscap about *>in thick). He said a great amount of work was shown by the file, and it would be admitted that it was painstakinglv done. Counsel drew attention to the fact that the file when he got it was not in good order. Mr. Moodv pointer! out that it had been in the hands of the Crown Prosecutor in connection with the inquest. Explanations Wanted. Mr. Currie then went on to refer to certain matters that he said needed explanation. They were not necessarily charges against anyone, but the files themselves did not make the matters sufficiently clear witW>ut further ex planation. The first "as the delay in starting inquiries after the police were informed. Then when the motor ear was found at Papatoetoe there seemed to be an absence of such inspection as would tend to identify the persons who had been, occupying it or controlling it There was also apparent delay between the finding of the car and the making of inquiries as to when it was first abandoned. It might have htid a material bearing on what the police were trying to find out.

To interogate Mrs. Anderson, who .-aw the car at Papatoetoc, a uniformed officer was sent, whereas the matter might with more propriety have been placcd in the hands of a detective. As to the finding of the body, he would have to invitthe officers responsible to explain why it was removed at night time, when a thorough examination of the locality waft impossible. Then it was a question whether the detectives at the central ofiicc were justified in taking the opinion of the constable who found the body as to the cause of death. The next explanation that would be necessary would be as to what happened at the morgue. There appeared to have been delay ir. submitting the girl's clothing to expert examination, and there was pieeemca! examination when it was submitted. When the surgeon's report was submitted it was a question whether it gave the detectives sufficient information to aid the detectives in their work, and thr. question might arise whether the surgeons should not have been asked at once to elaborate their report.

Will Witnesses Leave Court? At the conclusion of his review, Mr. Currie said that he proposed to call Superintendent Wohlmann to give evidence, and at this stage he again requested that all witnesses be ordered out of court. Mr. Moody: I personally don't see why the Chief Detective should be ordered to leave the court. Mr. A. H. Johnstone: I strenuously oppose any application to have witnesses ordered out of court. That would be highly improper. I must be instructed while the inquiry proceeds. Mr. Currie: There is only one point on which there if a conflict of evidence. " I don't propose to make any order at this stage," said Mr. Page. " I think it is fair that all concerned in the case be allowed to remain and hear the-evidence If you will mention it again later, Mr. Currie, I will consider it when the time arrives." Mr. Noel Johnson asked when Mr. Page proposed to visit the locality where the body was found. As his client, Superintendent Wohlmann, was to be the first witness, he wanted to know whether evidence would be taken before his Worship had seen the place, or afterwards.

Mr. Page (after questioning Constable Collins): Well, I'll adjourn the court now, visit both Papatoetoe and Tamaki, and we will resume at 3.30. I want it arranged to have present Constable Collins, Mr. Ca *er. who helped to remove the body, and the undertaker's man when I go to the spot where the body was found.

Inquiry was then adjourned till