A CONSTABLE'S ZEAL.

New Zealand Herald, Volume XLIX, Issue 15167, 5 December 1912, Page 5

A CONSTABLE'S ZEAL.

CARRIED TOO FAR.

JUDGE EDWARDS PROTESTS.

•Souk comments on the duties of police constables were made by His Honor Mr. Justice Edwards during the heaving of a case at the Supreme Court yesterday. One of the witnesses; a police constable, produced a note-bcol; " to refresh his memory"' and proceeded to tell the Court what the prisoner had said when examined by witness at the police station. The constable's evidence revealed the fact that the prisoner had been subjected to a severe crossexamination at the station. After tho witness had concluded his, evidence the judge said that though the constable had doubtless meant well,. he would be wise to take tho advice given to constables by the speaker's illustrious predecessor, Judge who in a similar case had laid down the maxim that, the duty of a police constable in charge of a prisoner was "to keep his ears open, his eyes open and his mouth shut." At the conclusion of the ease His Honor, in summing up, said he took strong exception to the way in which the prosecution had strained for a conviction. Ihe manner in which the accused had been examined prior to hie 'trial was not allowed under the English Constitution, nor, indeed, under the laws of any N civilised country in tho world. It was true that in France and in Scotland a prisoner was examined before his trial, but ho was examined by competent judges and not by police constables.

The judge reviewed the constable's evident and said that there was no doubt in his mind that the examination had been " a sort of a trap" for accused. It was very improper according to English notions for the police to adopt such practices. If an examination were to be made it should be made by a responsible person, and not by a young constable burning with zeal and anxious to gain his stripes. He emphatically protested against the procedure adopted in the case before the Court, and expressed the hope that there would be no recurrence of such practices as long as lie was on the bench.