Flaw Seen In Poisons Act

Press, Volume CIII, Issue 30365, 14 February 1964, Page 12

Flaw Seen In Poisons Act

(N.Z. Press Association) WELLINGTON, February 13 “There appears to be a general misunderstanding as to the scope of the present law restricting the publication of names of poisons contained in section 43 of the Poisons Act, 1960,” said the AttorneyGeneral (Mr Hanan) today.

. “In summary, the statutory position is that where a person is alleged in proceedings under the Health Act to have used or intended to use a poison in an attempt to commit suicide or is charged with committing or attempting to commit a crime involving the use <X* intended use of a poison, the publica-

tion in any newspaper of the name of the poison or of particulars sufficient to identify it is prohibited absolutely for five years from the final disposal of those proceedings or that charge,” said Mr Hanan. “This prohibition extends however only to publication in relation to those proceedings or that charge. There is no restriction on the publication of the name of the poison in reports of other proceedings in relation to the same set of facts. “It is for this reason that though the press was precluded from naming the poison concerned in a recent murder trial at Christchurch in which a man was convicted of manslaughter arising out of the death of a young woman who died from the effects of poison consumed in a cup < ’ coffee, there was, nevertheless, no breach of the law when a Christchurch newspaper reported the comments of the Coroner about the false reputation of the poison cantharidin, commonly known as 1

Spanish Fly, at the subsequent inquest “This case shows the absurdity of the present law,” said Mr Hanan. “While in most cases it is desirable in the public interest that the name of a poison should not be published, there are some instances—and this is an example—where it is quite illogical that publicity can be given to a warning which a coroner thinks it right to give about a poison but the name of that poison cannot be given in the report of. the criminal proceedings.

Mr Hanan said that, as the Minister of Health (Mr McKay) had already announced, the Government intended to amend the law at the forthcoming session to give the courts a discretion in criminal proceedings to authorise publication of the name of a poison. He said this would ensure that where the name of a poison should be publicly known, the press would be free to publish it.