ORDER TO POLICE

New Zealand Herald, Volume LXXIII, Issue 22538, 1 October 1936, Page 14

ORDER TO POLICE

PRODUCTION OP PLAN INSISTENCE BY MAGISTRATE SERGEANT CALLED TO COURT DEFINITE INSTRUCTION GIVEN [ FROM OUR OWN CORRESPONDENT] # PUKEKOHE, Wednesday Insisting that the police should produce a plan which they had made showing details in connection with a motor collision, Mr. F. H. Levien, S.M., in a civil case arising out of the collision which was partly heard in the Pukekohe Court late yesterday, directed Sergeant Cowan to have the plan in Court when the hearing is resumed on October 12. Constable Wakelin produced a plan when giving evidence yesterday, but Mr. I. .T. Goldstine, counsel for defendant, asserted that it was a copy of the original plan made „by the constable and omitted certain details that were included in the original. He asked the witness to produce the original plan. Constable Wakelin: My instructions do not allow me to comply. Mr. Goldstine: Where is the plan? Constable Wakelin: In the possession of the Police Department. The Magistrate: Is it in the possession of Sergeant.Cowan? Constable Wakelin: I am sorry, Your Worship, but I do not know where it is. The Magistrate: Constable, will you please call Sergeant Cowan and tell him to produce the plan relating to this case. Sergeant Cowan said the plan was in the possession of the officer-in-charge of the police station at Auckland. Mr. Levien: It will have to be produced for this Court. The Police Department is finished with it, utterly and entirely. Sergeant Cownri: The instructions of my department are quite definite, Your Worsln p. Mr. Levien: When the Court orders a plan to be produced its orders must be complied with. I do not want to order one of the constables to arrest you for contempt of Court. Sergeant Cowan (smiling): No, Your Worship. Mr. Goldstine: Sergeant, is the plan here in Pukekohe? Sergeant Cowan: I am not going to answer any questions on the matter. Mr. Levien: 1 cannot have this Court treated with any less respect than the Supreme Court. The plan must be produced. Sergeant Cowan: Yerv well, Your Worship, I will bring the matter before the notice of the superintendent in Auckland.