JUDGE'S ORDER

Evening Post, Volume CXXV, Issue 144, 21 June 1938, Page 15

JUDGE'S ORDER

PRODUCTION OF STATEMENT

POLICE CLAIM PRIVILEGE

(By Telegraph—Press Association.)

AUCKLAND, June 20.

The action of the police in claiming privilege when asked to produce statements given by persons concerned in Court cases was the subject of comment by Mr. Justice Callan during the haring of a civil action in the Supreme Court. His Honour said that if there was a public question to be settled it should be settled in the proper way.

The claim of privilege was made by a constable when asked by counsel for the plaintiff, Mr. North, to read a statement which he had taken.

To his Honour witness said he had received his instructions from the police superintendent at Auckland, who had also told him that, if ordered to produce the statement, he was to do so.

"I have said this before and I say it again," said his Honour. "If the police are minded to raise a serious public question about these statements this is not the way to do it. It is utterly impossible to pronounce whether there are in law merits or not in this claim if all one hears is what has been told me in the past two or three minutes. I cannot myself perceive any useful purpose that the police serve by continuing to make this claim.

'■'I think lam not alone among Judges in feeling that if there is a public question worthy of being settled it would be a. good thing to have it settled in the proper manner, that is, by putting forward in the first place a proper claim to privilege and showing that somebody of higher authority than the superintendent—l am inclined to think the Minister-in-Charge —has himself considered the matter and makes this claim. Further, there ought to be some indication of the basis on which the claim is grounded. If, when that is done, and dpne before me, I will do all possible to facilitate settlement of the matter,, which would involve its being properly argued by counsel, even if that would entail the holding up of a trial or civil action. "If it is a serious public matter I would he prepared to do that, but I am clear that it would be quite wrong to take the slightest notice of objections made in the manner in which it has been done in this case." Witness was accordingly ordered to produce the statement, which was done.