"A SECRET MATTER"

Auckland Star, Volume LXV, Issue 29, 3 February 1934, Page 10

"A SECRET MATTER"

DOCTOR AND PATIENT.

REFUSAL TO GIVE EVIDENCE. WOMAN COMMITTED FOR TRIAL. (By Telegraph.—Own Correspondent.) HAWERA, Friday. A doctor, called by the police to-day to give evidence against a domestic servant charged with permitting an unlawful instrument to be used upon herself, refused to testify. The justices ordered that the accused's name, and also the names of witnesses in the case, should be suppressed. "I believe myself to be quite justified in sheltering behind the oath of my profession," said the doctor. "Anything that a doctor may ascertain in the course of his practice is an entirely secret matter between the patient and the doctor. That is an old-established undertaking hallowed by the passage of time, and we in the profession treat it gravely and respectfully. Of course, where the ends of justice must be met, I recognise it is- one's duty as a citizen to give every assistance to the law. I have to be persuaded that the ends of justice would bo met in this case by any evidence that it lies in my power to give. I do not see where I can be of assistance for or against in the matter. I did not seek to come here. I was sent for. It is a shocking thing to my mind if the public can presume that one's word is given lightly and can be broken in a casual manner. British laws are founded largely on public conscience and usage, and I find myself in a difficult position, not being able to take the oath." Detective Sleiklcjolin: Do you refuse to be sworn ? Witness: Yes. I wish tlio Bench to give me its opinion. Authorities Quoted. Detective Sleiklejohn: I ask that witness be sworn. He knows full well that, according to the Statute, he is liable for refusing to give evidence. The presiding justices said 1110/ considered witness would be wise to take the oath and then subsequently to claim the privilege of refusing to give evidence.

Witness: You are quite emphatic 011 that point? The Bench: Yes. Witness: Couid the authority be read to me? The Bench then read from Archhold's Criminal Pleading, Evidence and Practice, to the effect that there was no privilege entitling a medical practitioner to refuse to give in evidence statements made to him by a patient, however confidential the communication may be. Mr. R. J. O'Dea, counsel for accused: But that is the law in England. In New Zealand." the law is different. Counsel quoted section 8 of the Evidence Act, 1908, which gives privilege to a medical man in the case of_ civil proceedings, and argued that the same must apply to criminal proceedings. "I Must Claim Privilege." Witness: I have given a just reason. X feel justified in refusing to be sworn. I do not want to humbug the Court, but my difficulty is to ascertain what good purpose is being served. Detective Meiklejohn: That is not a matter for you to determine, but for the Court. You are here to give evidence and I ask you to be sworn. Witness was then sworn. "I will see how far it goes," he said. Detective Meiklejohn: Did accused visit your consulting rooms on December 3? Witness: I must claim the privilege of my oath, the unwritten law, and, as far as I know, the statutory law of New Zealand. That is all I am prepared to say. Witness then stood down. Accused pleaded riot guilty and was committed to the Supreme Court for trial. Bail of. £50 was allowed.