THE AUDIT SYSTEM.

New Zealand Times, Volume XXVII, Issue 5726, 23 October 1905, Page 3

THE AUDIT SYSTEM.

SITTING OF THE COMMISSION IN CHAMBERS.

A, WIDE ORDER FOR THE PRODUCTION OF DOCUMENTS. Thou- Honors Mr Justice Denniston, Mr Justice Edwards, and Mr Justice Cooper, who have hccu appointed as a Royal Commission to inquire into and report upon all matters of importance in connection our system of audit, hold a short sitting in Chambers on Saturday morning for tho purposo of deciding what their method of procedure would be. An at their previous Chamber sitting, the representatives of the press wore excluded ; hut subsequently Mr 11. H. Ostler handed (o our reporter a copy of an application which had been made in writing to the Commission by Mr E. G. Jellicoe, who is counsel for Mr F. M. B. Fisher, M.H.R., with regard to the question of calling witnesses and tho amount of ■monetary deposit that would ho necessary. Mr Jeilicoo intimated in his letter that ho had written to their Honors instead of applying verbally, us he thought tho Commission’s lime would probably bo saved by adopting this method. Mr Jeilicoo asked that tho following ■gentlemen should be called : —Messrs J. K. Warhurton (Auditor-Geuenili, R. J. Collins (Secretary to the Treasui-y), Francis John C'hittoy (Treasury),— Turkey (Treasury), Colonel Porter (late Under-Secretary of Defence), J. F. McIJo th (Postmaster. Christchurch), K. Roger (Christchurch), J. Willis (Christchurch), T. W. West (Christchurch), P. (I. London (Christchurch), R. B. Morriss, T. F. Grey (Acting Undor-Secro-tary, Defence Department),]). M. Litchfield (Bank of Now Zealand), R. B. Vincent, tho Paymaster-General. Those gentlemen would bo required to produce all books, documents, and vouchers relating to payments made out' of tho public account and chargeable against the account, cither generally or by or to imprisioes, or to deposits of Imperial moneys, and the public account during tho years 1903 and 1904; all cheques issued by tho Paymaster-General on oithor of tho foregoing accounts in respect of the before-mentioned vouchers; all requisitions of tho Paymaetcr-G-enoral relating thereto; all returns from tho hank of payments made in respect of cheques ami requisitions as aforesaid; and all hank orders, if any, issued in connection therewith. Tho application was further, that Mr Litchfield should produce all cheques of the Paymaster-General on either of the accounts mentioned; all requisitions of the Paymaster-General relating thereto, and all bank orders, it any, connected therewith; and that Air Mcßetii should produce all the Christchurch Post ORicc records for 1903 and 1904, all vouchers in his possession relating to the same period, and the imprest cash-book. Having considered this communication, their Honors arrived at tho following decision;— “Their Honors tho Commissioners will issue a summons to any person named as a witness to produce any voucher which in the years 1903-1904 was issued in favour of Captain Scddon for payment to him at Christchurch out of the public account of a sum of between £7O and £BO, or any other sum, for tho reorganisation of defence stores, or for any other - service, and all books, documents, cheques, requisitions, and returns relating to or in any wise referring to such voucher. “If tho matter submitted to their Honors for inquiry and report wero a matter capable of coming, and which had actually come, before their Honors in tiro ordinary exercise of their jurisdiction in tho Supremo Court, thoir Honors ooukl make no wider order for 'iho production of documents than this. “Counsel for Mr Fislier contends that as if tho proceedings wore in the Supremo Court he would cause to bo issued a subpoena duces tecum to a witness to produce all documents in bis possession without reference to the relevancy to the inquiry, he is entitled to ask their Honors to issue iubpoenas for the production of all the documents mentioned in his application. “The view which their Honors took of this matter is that a subpoena duces tecum issued out of the Supreme Court is really the act of the party, involving mo pereonal discretion on the part of any officer of the Court. A witness so ttummoned would not incur the displeasure of tho Court if he failed to prodocuments clearly not relevant to the inquiry, although named in the subpoena served upon him. "Tho question in such cases arises when the witness is called upon to pro- / iluoo the document in Court. In the proceeding before their Honors no subpoena can he issued without a previous application to their Honors. Tho person served with such a subpoena is commanded by their Honors themselves to produce tho documents named in it, and he is not at liberty to treat such a subpoena as though merely the act of the party, which may, or ’may not, bo justified, according as the document proves to bo relevant or irrelevant. “ Their Honoi-s, therefore, think that hoforo they issue a subpoena duces teoum in the present proceedings, they should ho satisfied that the documents in respect of which tho application is made may prove relevant to.tho inquiry.

Their xxonors are satisfied that, except as they have already mentioned, the documents mentioned in Air Joili000*3 application are not admissible in ■evidence in this inquiry, and they, therefore, decline to make any wider order than has already been mentioned. “Their Honors will issue subpoenas for any witness named by any person admitted "as a party to the inquiry upon the terms authorised By the statute, viz,, that tho person requiring the attendance of such witness shall deposit with the secretary to their Honors such sum of money as shall appear to ho sufficient to pay tho expenses of such witness. “Ifit bo shown to the satisfaction of their Honors that any person is a material and necessary witness upon the inquiry, their Honors will apply to the Hon the Colonial Secretary for his authority in writing to summon such witness. Ho deposit will he required for tho expenses of any witness in respect of whom such authority shall ho adven. “Their Honors have no power to enforce tho attendance of any witness except subject to these conditions.” [“ A ‘ subpoena duces tecum ’ is used to compel a witness to attend in Court or boforo an examiner or referee to give evidence, and also to bring with him certain documents in his possession specified in tho subpoena.”— Sweet’s Law Dictionary.]