EVIDENCE OF POLICE

New Zealand Herald, Volume LXIX, Issue 21276, 1 September 1932, Page 13

EVIDENCE OF POLICE

CIVIL ACTIONS IN COURT CRITICISM BY COUNSEL The* attitude of the police toward giving evidence in civil cases in Court was discussed in the Supreme Court yesterday, during the hearing of a claim for £IOOO damages arising out of a collision between a motor-car and a bicycle. When a constable was giving evidence for plaintiff, counsel for the defence expressed surprise that police evidence had been obtained. "It was a simple matter," said counsel for plaintiff, "A sub poena was issued and the authority of the police inspector for witness' appearance was obtained.'' Counsel for the defence said that this was not customary with the police, from whom evidence could not be obtained. "From time to time police constables have given evidence in these cases," said Mr. Justice Herdman. "The police object only to producing documents." Questioned by counsel, witness said he had received no actual authority to give evidence as to an alleged admission by defendant. He had documentary evidence in his possession which had not been seen outside the department. "It is manifestly unfair if we arc not permitted to obtain evidence in advance," said counsel.

Addressing the jury at a later stago counsel for tho defence said it, was most improper of tho police to endeavour to obtain a statement from a man who was nervous and upset after a serious accident, and then to bring that as evidence in Court.