PRODUCTION OF STATEMENTS

Evening Star, Issue 23270, 19 May 1939, Page 12

PRODUCTION OF STATEMENTS

PRACTICE OF POLICE DEPARTMENT RELEASE DECLINED WITHOUT COURT ORDER MR JUSTICE FAIR'S COMMENT [Per United Press Association.] AUCKLAND, May 19. “ Where a witness, whether he is a police officer or someone else, is served with a subpoena to produce documents in the court he should have the documents in his possession when he comes into court,” said Mr Justice Fair in the Supreme Court to-day, commenting on the practice of the Police Department in declining to release without a court order in each case statements made to a constable immediately after an accident by the parties involved in the accident. Counsel for the defendant in a collision case had informed His Honour that he had subpoenaed a constable to produce a plan and statements made by the parties, but had been informed that the statements would not be produced except by special order of the court. His Honour went on to say he did not know whether the police;authorities had : obtained legpl. advice on the . matter,: but he knew it had been decided in other countries, including Australia, that a police officer wan bound by subpoena to produce documents in court when the documents were brought into court. A witness himself might state the grounds on which the production of the documents might be dispensed with, bht this point should be decided in court. On learning that the witness concerned did not have the statements of the plaintiff and the_ defendant. His Honour directed tlie [witness to obtain the statements before giving evidence.