CONSTABLE'S NOTES.

Dominion, Volume 4, Issue 1058, 22 February 1911, Page 4

CONSTABLE'S NOTES.

'JUDGE EDWAEDS GIVES"ANtTNTEK--'r .-■', . .ESTING RULING.^ , ;., J . _~. (By Teletraph-YRpecial Correspondent.! .i :V .- : ;.' '"'.}''', . Aiickiand,'iebruary , 21.' ..'.! An interesting; ruling has been given by Judge Edwards on a point of general in- :y terest. It is a common' practice for. con- -:~\ stables to quote from'or refer to notes _■ written, in a' note-book in; either the Su- ; preme Court or Police Courfc.proceedings. :; This was., done", by Constable .Maher ia\ giving\*vidence W at the ■•■. Auckland Supreme : Court yesterday, and '.'■_ while under Mr. Lun- -' ■don, who was defending,' requested. to have the note-book produced, for per- ' sonal peru'sal: The'.constable'Jernurred, v; but Mr. Justice Edwards pointed out that ■ defending counsel had an'undoubted ri»" c . to!see the notes from ■■ which 'a constable , : had been reading, or '. to jwhich Jhe had' ■ referred. ' Mr. Lundon mentioned that', Mr. Cutten, S.M., in thecourse of a. - totalisator-ticket case at the Police Court .;; a few days ago-refused; to.aUow him.'ias s ; defending counsel, ,to peruse the notes';. used by a constable, and the magistrate ;. intimated that he-would continue, to rule : that counsel had no such right until he . was over-ruleiby a Judge of; the Supreme, Court. i His Honour repeated that dei fending counsel had a right to see the. constableTnbtes" when' referred' to m the ■• case nnd added that he had never heard of a'Supreme Court Judge expressing any .:■ I opinion to the: contrary... : : j ' .;