SHOULD DOCTORS TELL

New Zealand Herald, Volume LXXI, Issue 21763, 31 March 1934, Page 2 (Supplement)

SHOULD DOCTORS TELL

QUESTION RE-OPENED MOTORIST AND LIQUOR JUDGE'S STRONG COMMENTS Strong views on the question, "Should n doctor tell?" were expressed by Mr. Justice Swift at Liverpool Assizes recently. When was stated that a doctor, called in on behalf of a motor-driver, informed tho police that ho thought tho man was under the influence of drink, the judge said:

" When a doctor is sent for to examine a man in his own interests, he has no right to tell anybody what his opinion is until be comos into a court of law, where ho has no privilege and must tell the truth if the Court demands. He has no business whatever to tell tho police what ho thinks. For this man to have told tho polico what he .thought about his patient was quite wrong.

"I would never employ a doctor again if I thong!.t that aftor examining me li& went and told somebody else what he thought about me. I think it was outrageous, and I can imagine that nobody who hears of this, and is taken to police colls, will ever again send for a doctor." The case was one in which Harry White ley, aged 27, motor-driver, of Warrington, pleaded not guilty to the manslaughter of John Robert Clarkson,

a canal boatman, following a motor accident at Chorley, to being in charge of a motor-lorry while under the influence of drink, and to dangerous driving. It was'stated that the police came to the conclusion that Whiteley was under the influence of drink, and Dr. Wilkie, police surgeon, confirmed that conclusion.

Whiteley, given the opportunity to get a local doctor, chose Dr. Alfred Marsh, of Chorley, who, after examining him, said he, too, was of the opinion that he was under the influence of drink and unfit to drive. Dr. Marsh, giving evidence for the prosecution, said Whiteley asked him to examine him.

Mr. Justice Swift: Who paid you? — I was paid by the police, who I understand received the money from Whitelev. Mr. Justice Swift: Was Whitoley your patient ? —Yes. Mr. Justice Swift: We are getting back to tho question, " Should a doctor tell? " Is it not a little unfair for the police to invite a man to send for his own doctor, who then comes and gives evidence against him after he has paid his doctor? (To the doctor): How much did he paj T you? —Ten and six. He gave you 10s Gd to examine him, and you give evidence against him. Do you think that is quite nice? —It is not quite cricket. Dr. Marsh added that after the examination he was asked by the police to write out a report. Mr. Justice Swift: I think the least the police can do is to give him (Whiteley) his 10s 6d back. It is making the unfortunate prisoner pay for a second police report.

The jury, on the direction of the judgo, foniul Whiteley not guilty of manslaughter, nnd stopped the case concerning the allegation that ho was under the influence of drink. The prosecution offered no evidence on the charge of dangerous driving, and Whiteley was discharged.