Police Ordered to Produce Statement in Court

Manawatu Times, Volume 62, Issue 124, 27 May 1937, Page 6

Police Ordered to Produce Statement in Court

JUDGE HOLDS PRIVILEGE NOT SUBSTANTIATED. Per Press Association. AUCKLAND, Last Night. Holding that no grounds upon which privilege was claimed had been put forward, Mr Justice Callan in the Supreme Court ruled that the unsigned statement made to a police constable •should be produced in evidence during the hearing of a claim for £2OOO brought by a farmer against a sawmiller for the loss of plaintiff’s wife in a motor accident.

Mr North, for the defence, called Superintendent Till, of Auckland, and asked him to produce a statement made by the driver of a motor-car to the police. Superintendent Till claimed privilege, saying that he had been instructed to do so. The statement was not signed and the maker of it was not a party to the action.

Ilis Honour: Well, superintendent, with regard to your point that the statement is not signed, I take it that what counsel is endeavouring to prove is something said to the constable by the person who did not sign the statemelt. If the constable could remenfber what was said, I would rule he could give evidence. Your further point that the person making the statement was not a party to the action before the Court makes no difference to your superior officer. Who has given you instructions to claim privilege!

Superintendent Till: The Commissioner of Police. I have his memorandum here.

His Honour said his view was that if privilege was to be claimed, something further from a Minister of the Crown should be before the Court. The grounds for making the claim in tho State's interest should be set out. While not expressing an opinion whether the claim for privilege was sound or not, his Honour said lio did not consider, in view of the method oy which the claim was made, the Court should take any action at all. The grounds upon which it -was based were not placed before the Court and he would rule that the statement should oe produced. Superintendent Till then handed the document to Constable Huckstep, who had taken the statement and who used a portion of it in evidence.