INTERROGATION OF SUSPECT

Evening Star, Issue 25633, 6 November 1945, Page 6

INTERROGATION OF SUSPECT

FORMAL WARNING DELAYED SHARP COMMENT FROM CHIEF JUSTICE (P.A.) '.NAPIE.It, November 6. “it is wrong in principle, it should not be permitted, and, in my opinion, the attention of senior officers and those‘holding the highest rank in the service should be drawn to the matter so that appropriate steps may be taken to avoid a recurrence,” stated Sir .Vlicnael Myers in reference to the police procedure of taking statements from suspected persons. His comment was made during the hearing of rape charges against one of three Maoris. A constable deposed that he had put two questions to the accused-in relation to an alleged incident. “ I then warned the accused,” witness added, “that he was not compelled to make any further statement, and that if he did it might be used against him.” To Mr Willis, the Crown Prosecutor, witness said he did not think it necessary to first warn the accused. Mr Willis: And your reason? Witness: Well, I was investigating the complaint of a witness in the case, and I did not think it necessary to warn him until such time as he said something to incriminate himself. Sir Michael Myers: You ought to have known that you had no right whatever to have committed the accused to this questioning without first warning him. Witness explained that he was unaware that he was neglecting the correct jprocedure. Sir Michael Myers: Well, the sooner this is known by every police officer, and to the chief officer of the department himself, the better it will be for the administration of the principles on which British justice is administered. His Honour went on to say that the constable had committed a grievous blunder, but he was glad the point had been raised. ' He had noticed from lower court depositions which came before him on. previous occasions that similar things had taken place, ,'ln drawing the attention of the department to the matter, His Honour added' that if this were not done there would he a multiciplicity of toe same thing perhaps, and before the country knew where it was there would he a Royal Commission of inquiry into the methods of the police.