POLICE METHODS

Greymouth Evening Star, 10 December 1940, Page 5

POLICE METHODS

COMMISSION OF INQUIRY. [PER PRESS ASSOCIATION.] WELLINGTON, December 9. The personnel and order of reference of the Commission- of Inquiry which is to report on the conduct of police investigations in 'a case which came before the Chief Justice •> (Sir Michael Myers) in the Supreme Court, Wellington, on November 27, was announced to-night by the Minister in charge ..of the Police Department (Dr. McMillan). The case was one of a young woman who had pleaded guilty io permitting the unlawful use of an instrument, and attempting to conceal birth. The members of the commission •are: Sir Henry Ostler, a Judge of the Supreme Court (chairman); Mr. H. H. Cornish, K.C., Solicitor-General; Mr. H. F. O’Leary, K.C., president of the New Zealand Law Society. The remarks of the Chief Justice which gave rise to the inquiry were: ■*‘This case calls for a strict inquiry. It calls, in my opinion, for something taiore than departmental inquiries. It calls for an inquiry by a competent tribunal of men who know something about the conduct of justice in criminal cases.” In the first sitting of the House of Representatives after the publication of these remarks in the Press, the Prime Minister (Mr. Fraser) announced that in view of the serious nature of the comment he felt it his duty to lose no time in informing the House and the country that an inquiry would be held at the earliest possible opportunity. That was not to be construed as a reflection on the police officers concerned, or on the Police Force ( generally.

QUESTIONS FOR COMMISSION The commission is to inquire into and report on the following matters: (1) Do the circumstances of the prosecution disclose any impropriety in the conduct of the police officers concerned? If so, in what did it consist? (2) In particular, but without prejudice to the general nature of the inquiry: (a) were the police officers who took the statement from the youngwoman in question under a duty, to warn her that she was not obliged to make any statement; but if she did make one it might be used in evidence upon her trial? (b) If the answer to the foregoing is yes, did the police officers discharge that duty? (c) If the answer to (b) is no, was the failure or omission to give such warning likely to induce the woman to make an untrue admission of guilt? (d) Was any promise, express.or implied, given to the woman by the police officers prior to or at the time of making the statement? (e) If the answer- to (d) is yes, what was the nature or effect of such promise—was it likely to induce the woman to make an untrue admission of guilt? (f) Was any threat, express or implied or constructive, used by the police officers towards the woman prior to or at the time of her making the statement? (g) If the answer to (f) is yes, what was the nature or effect of such threat —was it likely to induce the woman to make an untrue admission of guilt? (h) Do the circumstances of the taking of the statement disclose that the conduct of the police officers concerned was oppressive or inconsiderate, or such as to impose undue physical or mental strain upon the woman? (i) If the answer to (h) is yes, was the conduct of the police officers such as to be likely to induce the woman to make an untrue admission of guilt? (j) Was it a breach of faith or otherwise unjust or unconscionable on the part of the police to prosecute the woman? (3) Is there any matter not covered by the foregoing that calls for comment of any kind in connection with the conduct of the police in the case?

AT PALMERSTON NORTH PALMERSTON N., December 10.. The Commission of Enquiry set up, to report on the conduct of the police investigations, in the case which came before the Chief Justice, will sit here to-morrow. It is understood that police officers from Hawera will attend, and that the enquiry is being held here, because of the central position of this city.