Greymouth Evening Star AND BRUNNERTON ADVOCATE SATURDAY, NOVEMBER 30, 1940. POLICE METHODS.
T HE way of a suspect-transgres-sor is not made hard by British procedure governing, the Jaw of evidence. An accused person has to have guilt, proved; lie, or she, is not called upon to establish innocence. Doubtless, this principle allows some who are offenders to escape the penalty for their misdeeds, but this is preferable to having innocent persons convicted because appearances were against them. Some evidence is circumstantial, but a degree of corroboration has to.be established before conviction is recorded. Judges and’
Magistrates are rightly' jealous to maintain fairness- of conduct between the police and suspects, and should there be reason to doubt if correct pi’oeedure has been maintained, those who preside in the Courts, are usually-critical? • -
There have been instances lately where* police methods have caused adverse comment from the Bench, in Magisterial and Supreme Courts. The issue was brought to a head,, this week, by no less an authority than the Chief Justice (Sir M. Myers). He declared, after hearing the evidence in a Wellington trial, that the conduct of the police investigations called for a strict inquiry by a tribunal of competent men versed in the processes of justice in criminal cases. It would be, of course, improper for outsiders to make any comment on the particular incidents to which' the Chief Justice referred, but the fact that one in his high position was scrupulous about the rights of an accused person, was a tribute to the fairness of our Courts of Justice. Coming from such an authority, Sir Michael’s suggestion could not be ignored, and it •is pleasing to note that the Prime Minister (My. Fraser) promptly announced the Government s intention to hold ah inquiry on the lines of the Chief Justice’s proposal. Quite rightly, too, the Prime Minister emphasised that such an inquiry was not meant to be a reflection on the police officers concerned. The matter may now be left until the Commission has made its report.
It may be that the police would like to have the inquiry extended to cover some Court decisions that make the punishment, unfitting for the crime. Human nature in the police being much as it is in other men, the officers must find it galling, after patient and arduous effort, to bring culprits to justice, to note that the.penalty imposed is nominal, sometimes when little cause'for leniency exists. It would not be fair to judge Court decisions by the summarised reports of the evidence given, but it. is difficult to accept as right, soma grantings.- of probation., or orders to conie up for sentence if called upon. Public opinion, these days, is against anything in the nature of vindictive sentences, but it is not in the national interests to have mercy completely deposingjustice. Judges err .less in this direction than, do .Magistrates, •which suggests that greater knowledge and experience are influential factors.
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Greymouth Evening Star, 30 November 1940, Page 6
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489Greymouth Evening Star AND BRUNNERTON ADVOCATE SATURDAY, NOVEMBER 30, 1940. POLICE METHODS. Greymouth Evening Star, 30 November 1940, Page 6
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