DOCTOR'S SECRETS

New Zealand Herald, Volume LXXI, Issue 21716, 3 February 1934, Page 12

DOCTOR'S SECRETS

PRIVILEGE CLAIMED ATTITUDE IN COURT REFUSAL TO GIVE EVIDENCE ETHICS OF PROFESSION [BY TELEGBAJ'H —OWN" correspondent] HAWEBA, Friday Claiming the privilege of his profession, in that what he had ascertained in the course of his practice was a secret, a doctor who was called as a police .witness refused to give evidence in a case heard before justices of the peace in the Hawera Police Court today. Tho case was one in which a domestic servant- was charged with permitting an unlawful instrument to be used upon herself. "I know the reason why I have been called here," said witness, "and I believe myself to be quite justified in sheltering behind the oath of my profession. Anything that a doctor may 'ascertain in the course of his practice is an entirely secret ttifitter between the patient and the doctor. That is an old-established undertaking hallowed by the passage of time, and we in the profession treat it gravely and respectfully. "Of course, where the ends of justice must be met, I recognise it is one's duty as a citizen to give every assistance to the law. I have to be persuaded that the ends of justice would be met/ in this case by any evidence that it lies in my power to give. I do not see where I can be of assistance for or against in the matter. Conscience and Usage "I did not seek to come here," said witness. "I was sent for. It is a shocking thing to my mind if the public can presume that one's word is given lightly and can be broken in ft casual manner. British laws are founded largely on public conscience and usage, and I find myself in a difficult position, not being able to-take the oath." Detective Meiklejohn: Do you refuse to be sworn? . Witness: Yes. I wish the Bench to jgive me its opinion. Detective Meiklejohn: How long do you propose to crave the indulgence of this Court? Witness: I have no desire to delay the proceedings in any way or to hinder the Coun;. Detective Meiklejohn: I ask that witness be sworn. He knows full well that, according to the Statute, he is liable for refusing to give evidence. The presiding justices said they considered witness would be wise to take the oath and then subsequently to claim the privilege of refusing to gyre evidence. Witness: "Sou are quite emphatic on that point? The Bench: Yes. Witness: Could the authority be read to me?

Bench Quotes Authority The Bench then read from Archbold's Criminal Pleading, Evidence and Practice,, to.the effect.that there was no privilege: entitling a medical practitioner, to refuse to give in evidence statements .made to him by a patient, however confidential, the communication may be. An old authority quoted was the case of the Duchess of ELingston. ' Mr. R. J. O'Dea, counsel for accused: But tiaat is the law'in England. In New Zealand the law is different. Counsel quoted section 8 of the Evidence Act, 1908, which gives privilege to a medical man in the case of civil proceedings, and argued that the same must apply to criminal proceedings. Witness: I have given a just reason. I. feel justified in refusing to be sworn. I do not want to humbug the Court, but my difficulty is : to ascertain what good purpose is being served. Detective Meiklejohn: That is not a matter |or you to determine!, but for the Court. You are here to give evidence arid I ask you to be sworn. Witness was then sworn. "I will see how far it goes," he said. Detective Meiklejohn: Did accused visit your consulting rooms on December 3? » Witness: .I must claim the privilege of my oath# the unwritten law, and, as far as I know, the statutory law of New Zealand. That is all I am prepared to say. Witness then stood down. Accused pleaded not guilty and was committed to the Supreme Court for trial. Bail of £SO was allowed. ) > _____________