POLICE INFORMATION

Grey River Argus, 14 August 1935, Page 5

POLICE INFORMATION

REFUSAL TO DIVULGE Over-ruled by Chief Justice (Per Press Association) NEW PLYMOUTH, August 13. A Police order was countermanded, and a constable was ordered to divulge information by the Chief Justice* Sir M. Myers during a motor collision case at the Supreme Court to-day. The point arose when Mr M. J. Burns was cross-examining a youth on a statement he had given to Constable !•'. Lemin few days alter th e col lision. Mr G. J. Baylpy the opposing counsel, submitted that, as Burns had not the police statement. in his possession, and as a constable who would be called as a witness would nor be allowed to produce the youth’s statement, to cross-examine on it was not fair. “It is not for you, or the police ’.O say that a statement cannot be produced,” said Sir M. Myers, When Constable Lemm was called Ah 1 Burns’ first question was*. The youth made a statement, tb yoi after the accident. Where did he say hi" brother was? —"Riding on the road? “L am sorry.’’ said the constable, “hut I’m instructed not to disclose any information taken from statements. The informa lion is confidential. ” His Ho: or: “You will answer questions! ' Counsel repeated the question, and the constable said that the information was regarded as confidential to .the Police Department, and was not to be disclosed. “I don’t think the information is confidential, and I direct you to answer the question,” said the Judge., “You are not being asked to produce 1 the statement!. and I shall s’.op counsel at once if questions derogatory to public policy are asked.” The constable then answered the questions.