IS IT THE CUSTOM?

Dominion, Volume 4, Issue 1233, 15 September 1911, Page 4

IS IT THE CUSTOM?

HIS HONOUR ASKS SOME QUESTIONS (By Telegraph.— Soccial Correspondent.) Auckland, September 14. An unexpected turn of events occurrcd in t'hc course of the hearing of the cliargo of I heft against' Koderick Hyan at the Auckland Supremo Court yesterday afternoon. The allegation in the case is that accused stole a gold albert chain, greenstone pendant, and sovereign case from a retired Hamilton farmer on January 25 last.. In the, preliminary proceedings at the Police Court Mr. "a'inger acted as counsel for accused, and yesterday lie was called as a witness by Mr. Lundon who appeared for the defence. Mr. Singer 15-ive particulars of conversations with accused, a witness (I'ercival Colquhoun), and .other witnesses, and later, being recalled, stated thai (Jolquhoun admitted taking the chain and handed it to Kyan. Witness, however, did not know whether tho statement was to be relied upon or not. Mr. Singer was closely cross-examin-ed by Mr. Mays (the prosecuting counsel), and also his Honour, who inquired: "Can you give me any reason why you did not inform t'he police of this?" Mr. Singer: Yes, 1 can. I think it would simply bo a wasto of time. His Honour: 1 will trouble you for an explanation. Mr. Singer: Well, I think that first of all the police might not have believed me. Their 6imple answer would bo that I wanted to implicate someone else in order to get my man off. Secondly, my cxperienco with the police is that where there is a person who is a witness for tho Crown, and he has given evidence for tho Crown, ho is immune from prosecution. His Honour: You say then that if the police have unwittingly used a criminal as a witness they persist in using him as a witness and not treating him as a criminal aiterwards? _Mr. Singer: I object to that interpretation. What' I suggest is that in cases where the police have either good suspicions, or aro personally aware that a witness is a party to a crime with respect of which he will be a witness at' the trial, it is tho custom of the police, based on obvous reasons, to keep that person iiumuno from prosecution. His Honour: And to put tho person forward as an absolutely reliable witness? Mr. Singer: He may be perfectly reliable. His Honour: You say it is tho custom of t'he police, knowing a witness is a party to a crime, to put him forward as a witness of stainless character? Mr. Singer: I did not say stainless character. His Honour: I have it down, and I am going to put it to ( you. You say it is the custom of the police, knowing that a witness is a parly to a crime, to put him forward as a witness of shunless character ? Mr. Singer: I did not say that. If you will put "a reliable witness" instead of "stainless character" I am prepared to accost it. It is not only in this country, but in almost every other part of the world. His Honour: It is one that should be known. Mr. Singer: It is well that people should know it. His Honour: Defino what you mean by reliable witness? Mr. Singer: A witness who is reliable as to tho tacts he is expected to depose to. His Honour: Do you say that it is tho practice of the police to put forward as a rcliaWo witness a person whom they know to be connected with tho crime, and suppressing the facts? Mr. Singer:' Who said suppressing tho facts? I do not know of a caso of suppression. His Honour: What do you mean when you say a man mixed up with something shady is used as a witness? Mr. Singer: What I mean is that tho police have put forward as witnesses on many occasions persons directly connected with crime, and they have been promised that they are not to be and never will bo prosccuted for their connection with such crime. His Honour: You practically mean King's evidence? Mr. Singer: Partly, I do. 'Honour: "It,, is" quite plain, of. course,-'that'it'is'your duty to tell tho police. Mr. Singer: Tho man may have been lying for all I know, and if I told tho police he would deny it. I did not tell tho police, too, because I did not think it would have resulted in anything. The police, moreover, would havo laughed at inc. His Honour: What would it matter? Mr. Singer: I mean they might liave pooh-poohed the wholo matter. His Honour: Tho police might havo pooh-poohed the whole matter, but you would have discharged your duty. Mr. Singer: I still think I did my duty. His Honour: Then wo differ. Mr. Singer: Yes, wo do. I consider I did my duty.