“CAN YOU SEE THE MAN?”

Manawatu Standard, Volume XLVI, Issue 45, 22 January 1926, Page 10

“CAN YOU SEE THE MAN?”

SOLICITORS OBJECT. METHOD OF IDENTIFICATION. Ono of tho questions asked many times each year in tho Magistrate’s Court is “Can you seo tho man in the court?” Twice recently solicitors in the Magistrate’s Court havo objected to tho methods of the polico in securing this identification in court, states tho Sun. ' A few days ago defendant in an assault case was sitting beside his solicitor (Mr F. D. Sargent), with his head down and between nis hands, and the senior-sergeant asked a witness “Can you see the man in court?” Then, turning to the defendant, ho said, “Sit up, there!” Mr Sargent protested. When a little boy was giving evidence ono day, ho was asked by t o sub-inspector “Can you see the m..n in court?” Then a sergeant beckoned to tho man in court, who was sitting in the back of the court, to stand up. Mr Tracy (for defendant) immediately protested to the sergeant “Don’t do that sort of thing.”

“I didn’t point him out,” said the sergeant. “Well, don’t do that sort of thing again.” The Magistrate (Mr 11. A. Young) pointed out that Mr Tracy should havo appealed to him, and asked what had happened. “The sergeant beckoned to the man to step forward,” remonstrated Mr Tracey. “You shouldn’t do that, sergeant,” said tho Magistrate. In this case, however, the witness had missed the indication given by the police, and he identified the man later. Tho position is a little difficult. While it is unfair to a defendant to have identification assisted by polico indication, it is unfair to tho polico if the person to bo identified is hidden or partly hidden in the court.