PRIVILEGE CLAIMED

New Zealand Herald, Volume LXXII, Issue 22260, 7 November 1935, Page 19

PRIVILEGE CLAIMED

POLICE DOCUMENTS ATTITUDE OVER-RULED STATEMENT READ IN COURT A statement made to the police, about which discission occurred in th<? Supreme Court on Tuesday, was produced by the witness Constable A. Rattray, when the case was resumed yesterday. A further statement was also produced by him and read by direction of Mr. Justice Fair. The case was a claim for damages arising from a motor collision, Mr. North appearing for the plaintiff and Mr. Goldstine for the' defendant. Constable Rattray, who had claimed privilege for certain statements made to the police by witness, was directed by Mr. Justice Fair on T"P s d a F that be required to produce for Mr. North the statement taken from the plaintiff's husband, who was the driver of one of the cars.

When asked by Mr. North yesterday if he was going to produce the statement, Constable Rattray said he had leave to do bo and he produced and read it. When asked to produce a statement by B. Cecil, driver of a tramcar, witness said he claimed privilege. An Opinion Quoted Mr. North: The rule is that Your Honor reads the statement and comes to a conclusion as to whether the interests of the State will be interfered with His Honor: This is not my own view. Mr. North: I wad following the article that appeared in a legal paper. His Honor: A very reasonable and helpful article, but not necessarily an authority. Mr. North: I appreciate that. I have not examined the position for myself, but that apparently was the view of the writer of the article. His Honor: Is the statement of much importance? Do you know the nature of it? Mr. North: I have not seen it, of course. Cecil is the tram driver who gave evidence which, I submit, is totally different from the statement he made to his employers. I now want to check it up with the statement he gave to the police. It is a question of credibility.

Decision of Judge His Honor: No doubt. Have you anything to say on the subject, Mr. Goldstine? Mr. Goldstine: No, except that I cannot understand the statement that what Cecil said to the Court was different from what he said to his employers. His Honor (to witness): What grounds have you for claiming privilege? Witness: I am instructed to claim privilege for all witnesses bar the plaintiff and her husband. Witness added that if His Honor desired to read the other statements over he was instructed to submit them. After reading the statement by Cecil, His Honor said: "Without deciding the question of law, I think that the statement should be produced now. Without deciding whether or not legal privilege exists, I think you ought to produce it, and no doubt your superior officers will act on that suggestion." The witness thereupon read the statement, and it was afterward put in to the Court.