INVESTIGATIONS BY POLICE

Press, Volume LXXVI, Issue 23203, 14 December 1940, Page 12

INVESTIGATIONS BY POLICE

INQUIRY INTO METHODS

EVIDENCE COMPLETED IN

WELLINGTON (PBESS ASSOCIATION TELEGBAU.) WEIfL.INGTON, December 13. The Commission of Inquiry into police investigations concluded its sitting in Wellington to-day. It will present its finding to the Governor-

General. As in Palmerston North, where the hearing began, the evidence concerned the case of a young woman known as Miss X, who was charged after investigations following the finding of the body of a newly-born infant. Mr H. R. Biss represented the four police officers concerned, Mr W. P. Rollings the detdctives, on the instructions of the Police Association, and Mr A. T. Young the young woman and her family. Inspector Scott, of Palmerston North, was present. Detective-Sergeant E. C. Jarrold said that when the girl was interviewed the only information he had was that a man had a newspaper found round the body of the child, and on which paper a name was written, as one he gave to a woman on a train. There was also corroborative evidence of possession of the newspaper from a railway guard, who had been seen regarding a ticket refund. He was not

certain that the woman was the one given the paper, and she was interviewed as a possible source of information. Circumstances suggested a professional abortionist. It was against such that he was trying to get evidence. There was no intent of arresting the girl when Detective Allsop and he set out to interview her. She was concerned at her parents knowing, and he informed them, for her statement took from 5.30 p.m. to 10.30 p.m. to record, during which time the girl was not distressed and had four pieces of bread and butter and a cup of tea, which Detective Allsop got for her. She was asked if she wanted a spell during this time and refused. No promise was made to her of Immunity from prosecution. Nothing was farther from his mind. There had been no occasion, to mention a charge or prose-

cution. If there had been such a promise it would have been recorded in the statement. The girl gave a wonderful statement. She was most frank. It had never entered his mind that the girl would be prosecuted when he went to see her and nothing was said to her about prosecution or immunity from it. If she had told a. different story it might well have been that he would have gone off on another line of inquiry. Criticisms Answered Mr Biss addressing the commission said that it was abundantly clear when the detectives went to interview the girl that there was no idea of arrest. A good deal of the criticism against these officers arose from the fact that they took off her shoulders and on to their own the painful duty of informing her parents about the pregnancy and abortion. There had been no necessity to give any inducement or make any threat, because of the clarity and frankness of the woman in making her statement. ; Much worse allegations had been flqade, concerning the taking of state-

rnehts subsequently accepted in Courts than had been made in this instance. The Inspector of Police who authorised the prosecution was faced with evidence of two very serious offences of a nature which it had been drummed into him must be suppressed. If he had not prosecuted he -ould have been open to greater criticism. ~, .TV- mere fact of a person having been candid about a crime did hot entitle that person to freedom from the consequences. It might be a great consideration. The detectives had shown that the woman was miscon-

strued. She may have thought that if she told the truth nothing would happen, to her, but no promise had been given. Mr Rollings submitted that there were two salient features. First was that no complaint had been made at any time by Mias X or on her behalf regarding the conduct of the officers who obtained her statement. Second was that the validity of her statement as a true admission of guilt had not been in any way impeached. - It often occurred, as it had in this ease, that police officers were required to Interview persons at the instance of police in another district. It was obvious in such cases the interviewing officer had no power or duty to -decide whether the person should be

prosecuted. Consequently he never directed his mind to that aspect. The detectives approached her as a potential witness, and the possibility of her filling another role was not present in their minds. "Daring Feat” As for the actions of the officers in Palmerston North (Inspector Scott and Detective-Sergeant Melklojohn), they took the decision to prosecute after the conclusion and collation of the re-

sults of inquiries in both districts concerned. The key to the situation was that the case had undergone-a complete metamorphosis since inquiries began. They thought at first that they saw the hand of a practised abortionist, and were astonished to find it was the work of the man himself, actively assisted by the young woman. . Here, then, was an aggravated case of abortion committed by two parties

who were on the same level. It was a daring feat, even for an experienced practitioner, for it was a seven months child. How daring it was might be gauged from the fact that,in the case of the notorious Daniel Richard Cooper, who paid the penalty of the law after a long trial in Wellington 18 years ago, It was stated that this

hardened abortionist refused to act in the illegal way he had where, pregnancy was of- more than five months’ duration, , • , Whatever interpretation was placed on the suggestion that the woman was told she need not worry, nothing was known of this by the officers in Palmerston North. Once satisfied that the statement was a true admission of guilt, it was their duty to prosecute, In view of the fact and the prevalence of the abortion evil in ' New Zealand to-day. ~ „ „ Mr Young did not address the Court. He said that nothing had occurred to the prejudice of his client.