Ruling on print-outs

Press, 22 September 1980, Page 13

Ruling on print-outs

PA Wellington A computer print-out of blood-alcohol analysis involved obvious hearsay and was inadmissable as evidence against a motorist, the Court of Appeal has ruled. The judgment says consideration might well be given to enactment of appropriate J legislation. However, the C Ministry of Transport says • it does not plan to propose change in the law. X ‘ The Court, comprising Sir XClifford Richmond (presi<’dent),. Mr Justice Richardson, and Mr Justice McMulXlin, allowed an appeal by Gordon Holt, of against his; coneviction on a blood-alcohol ©driving charge. u ’ "The admissibility of the C-results, of tests carried out fusing scientific instruments & turns on the application of ©settled principles of the law evidence, except insofar Kas they have been affected ©'by the relevant legislation,” wsaid the judgment, delivered &by Mr Justice Richardson. :

“The computer print-out of the blood-alcohol analysis involved obvious hearsay. The role of the integrator and computer is not confined to the retrieval of information. The programming is by persons expert in that field and that is reflected in the print-out. “Miss Campbell (the D.S.I.R. analyst who gave evidence in the District Court) had not programmed the computer and disclaimed any expertise in computer science.

“So there was no evidence from any expert in the field as to the functioning and reliability of integrators and computers in general and of the particular apparatus used in this case,” said the judgment. A Ministry of Transport spokesman said yesterday that the Ministry did not plan to propose a change in drink-drive legislation because of the ruling. “In future I suppose the D.S.I.R. must send along someone who can give the

appropriate evidence,” said the Ministry’s assistant office solicitor, Mr D. Smith. “My understanding is that computer analysis is just done as a check. It is quite conceivable that no legislation will be required.” Mr Smith said he thought that when the Court of Appeal suggested that consideration might be given to the enactment of appropriate legislation, it was referring to the broad field of computer print-outs as evidence.

"I think that rather than talking about blood they have more or less fired the first shot of the 1980 s,” he said.

Parliament might have to consider legislation which would deem the print - out not to be hearsay evidence. “There is certainly no proposal at this stage to change the Transport Act, but in the long term I think Parliament is going to have to give serious attention to changing the law to cope with the computer,” Mr Smith said.