DETECTIVE’S ACTION

Dominion, Volume 30, Issue 259, 29 July 1937, Page 16

DETECTIVE’S ACTION

Magistrate’s Criticism By Telegraph—Press Association. Auckland, July 28 Criticism of a detective's actions in a house which he had visited to interview a man who had been involved iu an accident was passed by Mr. Wyvern Wilson. S.M., in the Magistrate’s Court during a case in which Clyde Steel Kerr was charg'd with being intoxicated in charge of a motor truck and also with dangerous driving. Detective Gillum said that at 12.45 a.m. on May 12 he went to the scene of an accident which had been reported in Epsom. Kerr was not there, so witness and two constables went to his house. Mrs. Kerr answered tlie door and said her husband was in bed. She asked witness to return tlie following day. but they were admitted after witness had told her that an early interview was imperative as there was a question of defendant’s sobriety. Defendant refused to answer any questions and ordered them out of tbe house.

Tlie magistrate: The previous witness lias said that be went into rhe house half an hour later and you were still trying to get a statement. What were you doing? ■Witness: I was reasoning with him and trying to find out his condition. The magistrate: But, detective, you had no right there. Tlie proper course to take would have been to ask if Kerr would see you. If he asked you to come back next day he was within his rights. You had no search warrant and it was not proper for you to refuse to go after he told you to leave. I don’t like it. The charge of intoxication was .dismissed. and on the other charge defendant was fined £3 and costs, the magistrate ordering that his licence should be endorsed.