SEARCH FOR WITNESSES

New Zealand Herald, Volume LXIV, Issue 19608, 9 April 1927, Page 14

SEARCH FOR WITNESSES

DEFENDANT'S DIFFICULTY.

DEVELOPMENT AT THAMES. WARRANT OF ARREST SERVED. [BY TELEGRAPH. —OWN CORRESPONDENT. 1 THAMES. Friday. An unusual course was taken by defending counsel in a case at the Magistrate's Court yesterday concerning • a motor collision on the Thames Coast. On the resumption of the hearing after the luncheon adjournment Mr. A. G. T. Bryan, for the defendant, intinjated that it was necessary in the interests of his client to secure the expert evidence of a car driver. He had approached every driver in Thames, but they showed an extreme disinclination to give evidence against the police, saying they wero afraid to do so. " One was subpoeaned," said Mr. Bryan, " but I am now informed he has refused to come s.nd 1 am afraid that I shall have to ssk Your Worship to take the necessary steps to have him brought here. I know it is sometimes, difficult to get witnesses, but why should defendants be placed at such a strong disadvantage in this connection as my client ? People should know that subpoenas must be obeyed and the fact of a warrant for the arrest of an unwilling witness may serve as an advertisement of thai; fact." Sergeant McDonnell strongly resented the implication that the police had intimidated taxi drivers in any way. He said such an accusation had never previously been made in a Thames court. It was altogether wrong and unfair. Mr. Bryan insisted that the< position was as he bad stated and a warrant was taken out for the arrest of the unwilling witness. The latter was duly located and brought to the Court. His reason for ignoring the subpoena was that the defendant in the case had accepted it back from witness, who thought the obligation to attend the Court did not then exist.