SOLICITOR AND CLIENT

Greymouth Evening Star, 21 May 1943, Page 5

SOLICITOR AND CLIENT

POLICE ACTION CRITICISED

NAPIER, May 21

Criticism of a constable’s action in refusing a solicitor permission to see an accused person, immediately after arrest, was voiced by Mr. Justice Smith, in the Supreme Court, after the jury had returned, after four hours’ absence. The foreman said there was no possibility of an agreement on the charges of indecent assault against Ralph William King. The Judge commented: “You will remember that a solicitor was instructed to act for accused, and went forthwith on the evening of the arrest to interview the accused at the police station. The constable told the solicitor he had been instructed not to admit anyone, and though the solicitor explained the object of his visit, the constable, in obedience to orders, refused to allow him to see the accused. The solicitor got in touch with a detective, and was then permitted to interview the accused. “This incident has not been previously referred to in this case, because it had not affected the conduct of the defence, but the incident is one I cannot pass over. In my judgment, nothing can justify any order which would prevent an accused person interviewing a solicitor immediately after arrest. So far as I know, such order is not typical of police administration, and must have been a slip. We are justly proud of the high reputation of .the police force for the fair discharge of duties. I desire only to make it plain on this occasion, that any order which has the effect '.of preventing

any person arrested from immediately seeing his solicitor at the police station is an abuse of-”power, and should never be repeated. If any solicitor ■should meet with such order, he is only doing his duty in bringing the matter to the notice of the Court.”