POLICE DOCUMENT

New Zealand Herald, Volume LXXII, Issue 22259, 6 November 1935, Page 17

POLICE DOCUMENT

REQUIRED BY THE COURT

QUESTION OF' PRIVILEGE The frequently-raised question of the right of the "Court to access to documents which the police claim are privileged arose in the Supreme Court yesterday afternoon during the hearing of a claim for damages arising out of a motor-car accident. A constable was giving evidence, and admitted to Mr. North, counsel for the plaintiff, that he had obtained a certain statement from the plaintiff's husband. "I ask for it to be produced," said Mr. North. The hour was 5 o'clock and His Honor, Mr. Justice Fair, interposed to say that the case would be adjourned until this morning. "You will make inquiries," he said to -witness, "as to whether the statement is available and you will bring it here. If you are instructed to claim privilege you will submit that claim." Constable A. Rattray said he had been instructed already simply to produce a plan. His Honor: But you are now asked to produce a statement. You will bring it to the Court to-morrow, and in the meantime get instructions from your superiors whether privilege is claimed in respect to that statement or not. Mr. North: I am asking for my own client's statement to be produced. There could not be much room for any suggestion of State policy there. If I have my own client's I desire also to have all the statements in. His Honoc/. You will produce Mr. North's client's statement. Witness: Well I will ask to get it in. His Honor: You will be required to produce it.