NO NOTES PRODUCED.

Auckland Star, Volume LXVI, Issue 185, 7 August 1935, Page 12

NO NOTES PRODUCED.

PRIVATE DETECTIVES' EVIDENCE. ADVERSE COMMENT BY JUDGE. Strong criticism of the failure of two private inquiry agents to produce notes made at the time of their investigations was made by Mr. Justice Callan during his summing up in a defended divorce action at the Supreme Court. His Honor told tlie Jury that the evidence of private detectives as a matter of principle must be weighed with caution, for it was in their interests that their evidence should be believed. ''From the very nature of their profession, private detectives have not very nice minds," said his Honor. Evidence had been given by three private inquiry agents on behalf of the petitioner in the case. Ons produced the brief notes ho had made at the time of his observations, and his Honor stressed -this fact in contrast wibh the action of the other two who failed to do so.

One of these was an assistant of the other, and his Honor advised the jury to come to their conclusions as if neither had given evidence. There had been a very serioue defect in their evidence in the extraordinary and reprehensible conduct of destroying all contemporary records.

These men had reeled off long lists of details without reference to notes made at the time, said his Honor, and nobody had. the slightest means of testing how far they could be relied upon. He made this comment with a view to other cases. In his opinion, private detectives who gave evidence in that way should not be listened to. The circumstances were all the more extraordinary because one of fche_ two men had been reprimanded by a for not producing his notes in a previous case. Solicitors would be well advised to give attention to the subject of preserving contemporary records by such witnesses.