PRODUCTION OF DOCUMENT

Press, Volume LXXXIX, Issue 27047, 23 May 1953, Page 8

PRODUCTION OF DOCUMENT

PRIVILEGE CLAIM AT INVERCARGILL MINISTER REPLIES TO JUDGE’S COMMENT (New Zealand Press Association) WELLINGTON. May 22. The action taken to claim privilege in a case heard in the Supreme Court at Invercargill yesterday had*arisen from a direction given to the police by the Chief Justice (Sir Humphrey O’Leary) in a similar case, the Minister in charge of Police (Mr W. H. Fortune) said today. He was commenting on criticism by Mr Justice North during a civil action. According to a report of the Court proceeding, a police constable appearing on subpoena had been directed by the Minister not to produce or disclose a document asked for by the subpoena. Mr Justice North said it ought to be made clear that the Executive could not control the production of documents in the Courts.

Mr Fortune said today that previously the Chief Justice had informed a police prosecutor that it was wrong for the police to produce such evidence in a civil case. “The Chief Justice considered that if a person concerned in an accident, on being asked by the police for a statement, had reason to believe that what he said might be used against him in a civil action, he would be quite within his rights in refusing to give such a statement,” said Mr Fortune.

“As a result of the ruling given by the Chief Justice on that occasion, the Police Department has adopted the policy of claiming privilege in respect of such statements,” the Minister said.