Terms Of Inquiry In Police Methods Investigation

Northern Advocate, 10 December 1940, Page 7

Terms Of Inquiry In Police Methods Investigation

[Pet Press', Association. Copyright.] v’4’WELLINGTON;This Day.

The personnel - and order of' reference of the; commission of . inquiry which is to ’ report on the conduct of police investigations, in -a. case which came before the Chief Justice (Sir Michael Myers) in the Supreme Court $t Wellington on November 27, was announced last night : .by * the Prime. Minister (Mr . Fraser), who is also Ministeg-in-Charge of the .Police Department. The case was one in which a young woman had pleaded guilty to permitting the unlawful use of an instrument and attempting to conceal a birth. .; ' t

The members of the commission are Mr Justice Ostler (chairman), the Solicitor-General (Mr H..H. Cornish), and the president of the New Zealand Law. Society (Mr H. F. O’Leary, K.C.).

Questions to Answer,

The commission .is to inquire into and report, on the following matters: (1) Do the circumstances of the prosecution disclose any impropriety in the conduct of the, police officers concerned? If so, in what did it consist?

(2) In particular, but without prejudice to the general nature of the inquiry: (a) Were the police officers who took . the statement from the young woman in question under duty to warn her she was not obliged to make any statement, but if she did make one it might be used in evidence upon her trial? (b) If the answer to the foregoing is yes, did the police officer discharge that duty? (c) If the answer to (b) is no, was the failure or omission to give such warning likely to induce the woman to make ,an untrue admission of guilt? (d) Was any promise, expressed or implied, given to the woman by the police officers prior to, or at the time of making the statement? (e) If the answer to (d) is yes, what was the nature or effect of such promise? Was it likely to induce the woman to make an untrue admission of guilt?

Was Any Threat Used?

(f) Was any threat, expressed, implied, or constructive, used by police officers towards the woman prior to, or at the time of her making of the statement?

(g) If the answer to (f) is yes, ..what was the nature or effect of such threat? Was it likely to induce the woman to make an untrue admission of guilt?

(h) Do the circumstances of the taking of the statement disclose that the conduct of the police officers concerned was oppressive or inconsiderate, or such as to impose undue physical or mental strain upon the woman?

(i) If the answer to (h) is yes, was the conduct of the police officers such as to be likely to induce the woman to make an untrue .admission of guilt? (j) Was it a breach of faith or otherwise unjust or unconscionable on the part of the police to prosecute the woman?

(3) Is there any matter not covered by the foregoing that calls for comment of any kind in connection with the conduct of the police in the case?