POLICE PROSECUTOR

Evening Post, Volume CXII, Issue 139, 9 December 1931, Page 11

POLICE PROSECUTOR

CAN GIVE EVIDENCE

MAGISTRATE'S RULING

Objection to Detective-Sergeant lie veil acting us prosecutor and at the same time appearing as a witness in a ctihc, was raised by counsel for the accused when J'olin Augustus Jeans was charged at the Magistrate's Court today with bag-snatching. The Magistrule, Mr. J. G. L. Hewitt, ruled, howoviii', Hint the detoetivo.-Korgoant was entitled to prosecute. Tlic Magistrate thought that in England tliis was the common and ordinary practice, and in Xcw Zealand lie knew flint llio practice applied. Mr. Hewitt pointed out that, it' it were laid down that a police oiiiccr intending to give ovideuco could not prosecute, the country would.bo put to enormous expense. In raising his objection, counsel said Unit Detective-Sergeant Revolt was apparently to conduct the case for the Cruwn, and he understood that the detective-sergeant wus also to be a witness for the prosecution. It had been laid down as a strict, rule of practice that it was improper for counsel to appear as witness in a ease. Counsel had recently been.engaged in a: civil action in the Supremo Court, when another counsel engaged in the ease proposed to give fonftal evidence. The Chief Justice, however, had not allowed him to .do so. "MIGHT LEAD TO ABUSE." Counsel submitted that it was wrong for a prosecutor to appear in a case as a witness. His objection was not in any way personally connected with Detective-Sergeant Re veil, but ho thought that the practice might load to various forma of abuse, and possibly, of injustice to accused persons. He submitted that the detective-sergeant should adjourn the case for a. short time with a view to consulting his superiors and getting some other officer to prosecute. Counsel was going to ask that all witnesses be ordered out of Court, and if that application ' was granted it would also apply to the detective-sergeant. Detective-Sergeant Rovell said that the practice was adopted right through' out the country, and in the majority of country towns it could not be avoided. Mr. Hewitt: "The practice-is a very common one, and in the country districts it is the only practice." Counsel: "That is undoubtably admitted. This is not a new theory brought forward by myself, but is a principle that has boon referred, to over and over again by Judges of tho Supremo Court." Mr. Howitt: "Is thoro any ease saying that a prosecutor shall not bo permitted to give ovidenoel" Counsel: "I have not had im opportunity to look into the matter, and would, like a short adjournment to do so." The Magistrate Baid there was no law he know of that debarred counsel j from giving evidence in a case, but it was a vory inconvenient practice. What it really amounted to was that counsel,! who had an official standing in Court, oxpocted thoir word to be taken before that of other people. That placed the Judgo or magistrate in an awkward position. As to tho police prosecutor, he thought that in England it was tho common and ordinary practice for him to give evidence, and in New Zealand ho know that to be the case. PRACTICE IN ORDER. Mr.-Hewitt said he had no objection to the adjournment, but if tho detec-tive-sergeant wished to continue ho would rulo that the practice was in order. The effect of a ruling that a police officer who was going to prosecute could not givo evidence would be so widespread, inconvenient, and: ex-! pciisi-yo, that he'would not take the responsibility of taking such a,'step. , Counsel: "WJiat is oxponso in a British country compared with justice for an accused person." Mr. Hewitt: "Justice is not affected." AVlien tho detective-sergeant intimated that ho would oppose an adjournment the Magistrate ordered the case to continue. On the application of counsel all witnesses'-with the exception of tho detective-sergeant were ordered out of Court.