INQUIRY NEEDED

Evening Post, Volume CXXX, Issue 129, 27 November 1940, Page 9

INQUIRY NEEDED

TREATMENT OF GIRL

NO POLICE WARNING

COMMENT BY CHIEF

JUSTICE

The comment that the conduct of the police investigations called for strict inquiry by a tribunal of competent men versed in the process of justice in criminal cases was made in the Supreme Court today by the Chief Justice (Sir Michael Myers) before passing sentence on a young woman who had pleaded guilty to permitting the unlawful use of an instrument and attempting to conceal a-'birth. His Honour referred to the fact that the prisoner had been subjected to a five-hour examination by the police without being given the customary warning prescribed by law. Commenting on cases of abortion, his Honour said that nowadays everything had to be subordinated to the bringing of the war to a successful conclusion, but he ventured to say that when the war was over one of the most serious problems legislators and thinking persons would have to solve was the problem of interference .with' birth and the slaughter of children prior to birth. |

The prisoner appeared for sentence yesterday, but the case was adjourned until today to enable a probation officer's report to be obtained and inquiries into the police actions to be made.

Mr. A. T. Young appeared tor the prisoner, and Mr. W. R. Birks for the Mr.' Young, after '.saying that the probation officer's report was entirely favourable to the prisoner, submitted that the statement taken from the prisoner herself showed that she was not warned by the police as she should have been. . His Honour: What do you say about that, Mr. Birks? TO OBTAIN EVIDENCE. Mr. Birks: I am instructed that the statement, was obtained from the accused with the object of obtaining evidence against the abortionist. At that time it was not known who had carried out the operation. His Honour: How long was this girl under examination by the police?—l have no instructions on that matter. Mr. Young: From approximately half-past 5 to half-past 10. His Honour: that is five hours. Well, Mr. Birks, was she warned? Mr. Birks: She was not warned in accordance with the requirements of the. law." . # "His Honour: Was she warned at any time?— She was advised that anything she might say might be used in evidence. V .

His Honour: That is not a warning. It would not be a warning if the intention was to arrest her or charge her. It is no use your saying that to me. I suppose they knew that this girl had been aborted? . • • ! Mr. Birks: They did hot know that at the time, All they knew at that time was that the resWbrthe abortion had been f oundi - ■ Did they promise her, by word or otherwise, that she would not be prosecuted, or lead her to believe that she would not be prosecuted?—l have no instructions on that.

Do you not know that in these cases, especially where it is suspected that there has been a professional abortionist, the practice is to let a woman know that she will not be prosecuted if she gives information? • And you know it is not customary to prosecute?

Mr. Birks: That is so. , His Honour: In this case a woman is approached and she is kept under examination, question and answer. You don't dispute that? Mr. Birks: I am instructed that she gave the statement willingly,^ and questions were put to her to maintain the chronological order. ■ His Honour: Then it was question and answer?— Not altogether, sir; questions were put to retain the narrative and get the full facts. A CUP OF TEA. His Honour: For five hours she was there with the police. I?id she have any food during that period?—l have no instructions. Mr. Young: She had a cup of tea that was sent in by her mother. His Honour: Have you asked whether any promise was made to her? Mr. Young: Yes, sir. I asked under what circumstances the statement was taken and she tells me that she was told all along that she had nothing to worry about, and that if she told the truth she would come to no harm. Apparently she was worried about the young man in the case, and they told her he would be all right. • _ His Honour: Well, Mr. Birks, I don't propose to make any more comment about that aspect of the case than this. On various occasions I have drawn attention to this same procedure. "I have pointed it out over and over again, sometimes in court and sometimes by sending for the Crown Prosecutor, so as not to make any fuss or unnecessary trouble for anybody," continued his Honour. "I have brought the matter before him and directed him to bring it before the authorities. STRICT INQUIRY. "This case, calls for strict inquiry. It calls, in my opinion, for something more than inquiries. I don't intend to prejudge it in any way, I cannot do that, I do not know the various sides of it, but it calls for inquiry by a competent" tribunal of men who know something about the conduct of justice in criminal cases." j Mr. Birks: I have been advised by the detective-sergeant that he "would welcome an inquiry-

"It is perfectly plain that at no time was she warned," went on his Honour,- "because first of all it is not stated by the detective, secondly, it is not put in the statement by the police officer taking the statement. She herself says she was not, and the detec- j tive says, 'I asked her if she had any explanation to make,' and so on. That was the time to give a warning unless: it was intended not to prosecute the girl." Mr. Birks quoted an authority on the point. His Honour: I know.. This whole matter was subject to examination by a Royal Commission in England. Whatever rules are laid down, they must be operated with due regard to the interests of justice, and the in- | terests of justice do not necessarily lie in securing convictions. Justice Is j not a car or juggernaut which is in-j tended to mutilate everybody who comes within its ambit. Addressing the prisoner, his Honour said he had consulted two other Judges, and he proposed, with very great hesitation, to grant probation. PROBLEM TO BE FACED. "It would be idle to deny the seriousness of this class of case. Every-

thing nowadays must be subordinated to the one aim which we should all have in view, that is, bringing this war to a successful conclusion; but I venture to say that when the war is over one of the most serious problems which legislators and thinking persons will have to attack and solve is the problem of interference with birth and of the slaughter of children prior to birth. That problem must be attacked and solved if the nation is to survive the difficulties and the perils of the future.

"I should like to add that the problem cannot be solved by the extension or continuance of conditions whereby people, whether by preference or by compulsion, live their lives in flats or flatlets or rooms in apartment houses.

"It is because of the seriousness of this question that I feel some diffidence and hesitation in granting probation, but first of all I would regard it as unfortunate if you were to be made a victim of, shall I say, presentday conditions and the unfortunate opinions of a large section of the community." j QUESTION OF INDEMNITY. "But there is something more than that: it has always been the practice, j as I understand, in cases of this kind, if a statement is to be obtained from a girl, to promise her that if she makes a full statement she shall not be prosecuted, and to see that that promise is kept. I know that an indemnity in the true sense of the word cannot be given by the police or anybody else, but nevertheless the course that is usually taken is equivalent to an indemnity. I am told by Mr. Birks that that course was not adopted here; on the contrary, according to the information the girl gives Mr. Young, something of the kind, it would seem, may have been done.

"Anyhow, I think it proper to take into consideration the course that is j usually adopted and the fact that this is a departure—and as far as I am aware the first departure (I am not certain of that) from that course—and I don't see why you should be made the victim. Secondly, frankly, Ido not like the way in which this statement, was made. I have already said all I intend to say.on that subject, at present at all events. "I hesitate to say more than I have done about the circumstances of the case, because I must not overlook the fact that there is another person who is charged with performing the operation. ... I must be careful not to say anything which might prejudice him in the trial of his case."

The prisoner was admitted to probation for twelve months, and suppression of her name was ordered.