ATTACK ON POLICE METHODS

Dominion, Volume 22, Issue 131, 27 February 1929, Page 13

ATTACK ON POLICE METHODS

PRESENTATION OF WALKER CASE

FAIRNESS QUESTIONED

DEVELOPMENT AT INQUIRY

Dominion Special Service. Auckland, February 26. /, There was a somewhat dramatic opening to the police concerning the methods adopted in investigating the mystery of the death of El-ie Walker, which was continued before Mr. E. Page, S.M., this morning. In the “Herald” this morning, publication was made of a letter ..ent by Mr. R. B. Lusk, on behalf of the Bayly family, to the Minister of Justice (Hon. T. M. Wilford), in which it was suggested the scope of the inquiry should be widened. Mr. Lusk wrote, inter alia: "I thin' I am entitled to observe that in this ease, while possibly there may be some doubt as to the sufficiency of the inquiries made, there 5 already 1 ,om for serious doubt as to f propriety of their presentation to the Coroner My complaint., are as foil. the manner of conducting the case presented for the police to the Coroner there was the very definite suggestion that William Bayly was a proper subject for suspicion. The police records showed he had been interrogated on three separate occasions, and his answers compared and checked by independent inquiries, with the result that there were three separate reports on the police flies to the effect that he was not in any way involved hi the matter. Notwithstanding this Information and the clear declaration that William Bayly could not afford any information as to the cause of the death of the unfortunate girl, he was severely cross-examined in public for many hours with a view to showing that his statements to the police were untrue.

“Most Unjust.”

, "In view of the police knowledge of the- complete truth of his statements, this was most unjust and unwarranted, conveying as it did, however unintentionally, an invitation to the public to assume he was the person, if any, who was responsible for the girl’s death. In fact, this crossexamination was not, and could not pretend to be, directed to the cause of the death, but could have been directed only to an attempt to incriminate William Bayly. "I respectfully suggest that, as this was done for the Police Department through the counsel it employed, it involves the fairness of. the police administration and should' be inquired into by Mr. Page during this present inquiry. In , addition to the complete innocence of William Bayly, which was known to the Police Department, other matters concealed from the Coroner are now being revealed. Although the Commission has only just commenced its proceedings I submit these are serious omissions, and as they also would have tended to induce a different finding by the Coroner,; should have been placed before him. May I respectfully suggest that the public are equally interested in the use made of police information as in its collation, and that in this case this part of the police duties appears to have been handled defectively, and it should be investigated? Suggestion to Minister. “May I respectfully submit that the scope of the inquiry be enlarged to, cover this phase of the police duties in this particular matter? At the same time, I would ask that provision be made to permit those adversely affected by the matters complained of, to be given the right of audience on the grounds that: (1) they have been prejudicially affected already, and should be given an opportunity to rehabilitate themselves; (2) of necessity they are in possession of detailed information on many matters upon which the representative of the Crown Law Office is deficient.

“The significance of this only arises from time to time, and the information cannot be employed effectively, except by the constant attendance of counsel familiar with it. This application has been shown to the Commissioner, and he has been given a copy. It is made to you as the Commissioner has forbidden the right of audience to my clients. Moreover, Mr. Currie, to whom counsel was referred by the Commissioner, says the presentation of evidence to the Coroner is not' within this inquiry, and he is not prepared to pursue that aspect of IL”

Statement by Counsel.

When Mr. Page reopened the inquiry to-day, Mr. V. R. Meredith, Crown Prosecutor, addressed the Commissioner. “My attention,” he said, “has been called to a letter in the ‘Herald,’ in which an attack, thinly-veiled, is made upon myself in regard to the presentation of the evidence in the Elsie Walker inquiry. The propriety of making such an attack in an official letter, and handling a copy of the same to the public Press, so that it may be promulgated to the world at large, with no opportunity to the person attacked of replying, is a matter, of course, that does not concern this Commission. I would like to say, however, that it is typical of the counsel concerned, as he has followed a similar course in other cases, in which he has been engaged. In fairness to myself, however, I think I should have an opportunity given me of being allowed to give evidence before this Commission. I am prepared to take full responsibility for any decision arrived at by me, and any course of action adopted in the pursuance of that decision. I, therefore, ask to be allowed the opportunity of tendering myself as a witness at a later and convenient date.” Mr. Page: I will consider the matter, and if it comes within the scope of the inquiry, I will give you that opportunity. Mr. Allan Moody said, as far as he and Chief Detective Hammond were concerned, no suggestion had been made against Mr. Meredith. . Mr. Johnstone said his clients had no complaint concerning the action of the Crown Solicitor, even at the present stage of the inquiry. Mr. Finlay, who represented DetectiveSergeant Kelly, also joined in dissociating himself from any attack on Mr. Meredith. Finding of the Body. Inspector Hollis then continued his evidence. Asked what possibilities were presented to his mind when the body of Elsie Walker was found, witness said he thought at first she had died either of exhaustion or fright, but there was nothing to suggest how she died, from the doctors report. Evidence was given by the Inspector of the finding of _ Elsie Walker’s body, and also of the inspection of the ground; but at that time they did not suspect foul play. An examination of the ground did not help them very much. Mr. Currie: Murder did not enter into the matter then?—“There was nothing m the medical reports to suggest it. Were you not suspicious.—‘We are always suspicious up to a point. Ify Paga: Is it the usual thing to strip

a body at the Morgue.—“lt is not the custom unless there has been violence, or something of the sort.”

Taken to the Morgue.

Inspector Hollis said he thought it was quite right that the body of Elsie Walker was taken to the Morgue the night it was found. The constable on the spot was the best one to judge whether there were any suspicious circumstances. He would certainly not allow the body to stay out all night if he could avoid it. He did not think that bringing the body in could be called interference. Witness later said that it was his opinion that the girl had travelled in the car alone. The examination of Elsie Walker’s shoes showed that she might have driven the car. He did not pay much attention to that fact, and he did not know whether any investigations had been carried out. There were certain murmurings going about concerning the case and this made him particularly interested in it. The Commissioner: I don’t quite understand what you mean by certain murmurings: just what do you mean? — “Press reports from week to week and other things which came to my knowledge made me wonder what was underneath it all.” Mr. Page: Underneath what all? Witness: These newspaper reports and other things. Mr. Page: You mean there was ( a large amount of public interest?—“Yes, " Mr. Page: You mean the large amount of public interest caused you to direct more personal interest in the case. “Not more. Sir, but it caused me ascertain amount of concern and worry. Suggestions to Press. When the inquiry was resumed in the afternoon the Commissioner made the suggestion that the Press should not quote the names of people involved in the police investigation. They not represented by counsel, and he considered it would be an act of justice if the name of one person about whose movements the police had made inquiries was not published. “I do not propose to make an order, but merely a suggestion, he said to Inspector Hollis. , , « . . After beins examined by Mr. Currie for six hours, Inspector Hollis was then questioned by Mr. Johnstone, Slho, commenced his cross-examination at 3 o elock. “You have been questioned for the best part of a day on what suggested to be apparent omissions of your duty, Mr. Johnstone said. “Will you now tell us what you did do.?” , ~ ■ .. f “Upon the receipt of the information ot the disappearance of the car and girl all stations were advised, Inspector Hollis said. “Detectives were sent to the scene on the night of the discovery of the body, and again next morning. Full and caieful iuauiries were made by tjie detective staff. Over 100 statements were taken from persons, and there were dozens of inquiries which proved negative. He supposed there would be as many as another 100 persons whose statements were not worth taking. Inquiries were made as far south as Christchurch.

Extensive Inquiries.

Mr. Johnstone said he wanted to draw attention to the fact that the inquiries were extensive, and that the bulk of the work was well done. Mr. Johnstone, to Inspector Hollis: 1 put it to you that the brief in this case does not represent all the inquiries made and sifted by the detectives?— Oh, no, not by a long way. There were scores of inquiries to make the brief. Only what was considered worth while was put into the brief from the file. And yet you did not cease inquiry, even after the matter was given to the Crown Solicitor for coronial inquiry?— bo; we are still inquiring. Many anonymous messages are received: they are all inquired into.” „ ' Do you see anv reason for Constable Collins’s decision that there were no signs of violence on the body being characterised as an ungrounded decision.—No, in his nosition I think he was right. Can you see why Detective-Sergeant Kelly should not order the body to be brought into the morgue, in view of what he was told by Constable Collins. No, none at all." The commission adjourned.