POLICE AND ACCUSED.

New Zealand Herald, Volume LXVI, Issue 20402, 2 November 1929, Page 15

POLICE AND ACCUSED.

OBTAINING OF STATEMENTS* CRITICISM PASSED BY JUDGE* A statement obtained by the police front a car driver charged with negligent driv-i ing was the subject of adverse comment by Mr. Justice Smith during a criminaltrial in the Supreme Court yesterday*. The accused driver had stated that his • car was in the same condition mechanic cally after tho accident as it was before. His Honor expressed hesitation at criti- ' cisin 15 the police, but added: "This is anot her occasion in which I feel impelled to draw attention to the fact that tha police seem to rely on proving such a ' condition as this, the mechanical coudi-. tion of the brakes, out of the mouth of this somewhat ignorant, person. It ia quite wrong in iv.y judgment that tha polices should rely on a statement taken from an accused person who if. not a mechanic as to the mechanical condition of a car. It, is for the police themselves to bring before you proper expert evidence as to tho condition of the car. " One hesitates to criticise the police.Wo are greatly indebted to them for everything they do for the prevention of crime and the bringing oi offenders to justice, but there is apparent a tendency to rely 011 statements taken from accused persons to prove facts which could well bo proved by proper evidence, if thev would only, take a little more trouble, X think the accused should not have been put in the position of being inado to admit that his car was in the same mechanical condition after tho accident as before. Ho was not a person who could make such an admission." Counsel for the accused, Mr. Coafes, in his address to the jury took occasion to compliment the Crown on the very fair way in which the case had been presented and for producing witnesses so much in favour of the accused.