STATEMENT TO POLICE

Northern Advocate, 14 August 1935, Page 11

STATEMENT TO POLICE

MOTOR COLLISION CASE. CHIEF JUSTICE’S RULING. [Per Press Association.^ —Cony rights NEW PLYMOUTH, This Day. A police order was countermanded and a constable was ordered to divulge information by the Chief Justice, Sir Michael Myers, during a motor collision case in the Supreme Court yesterday. The point arose when Mr M. J. Byrne was cross-exam-ining a youth on a statement he had given to Constable F. Lenn a few days after the collision. Mr G. J. Bayley, the opposing counsel, submitted that, as Mr Byrne had not the police statement in his posseseion, and as the constable, who would be called as a witness would not be allowed to produce, the youth’s statement to cross-examine on, it was not fair. “It is not for you or the police to say the statement cannot be produced,” said the Chief Justice. When Constable Lenn was called. Mr Byrne’s first question was: “The youth made a statement to you after the accident. Where did he say his brother was riding on the road?” “I am' sorry,” said the constable,' “but I’m instructed not to disclose any information taken from statements. The information is confidential.” His Honour: “You will answer the question.” Counsel 'repeated the question, and the constable said 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 the statement and I shall stop counsel at once if questions derogatory to public policy are asked.”

The constable then answered the question.