CORONERS' INQUESTS

Otago Daily Times, Issue 23883, 10 August 1939, Page 8

CORONERS' INQUESTS

TAKING OF DEPOSITIONS PRESENT METHODS CRITICISED NECESSITY. FOR AN OVERHAUL (Per United Pbkss Association) WELLINGTON, Aug. 9. Remarking that the method of taking depositions'at inquests was seriously at fault the. Chief Justice (Sir Michael ' Myers) suggested in the Supreme Court in Wellington today that'the legal profession should take steps to have it altered. A witness of the fatal accident out of which the case before the court arose, having described the accident in her evidence in chief, was asked in cross-examination why part of her narrative had not been told at the inquest. She replied that actually she had told it, even though it had hot been recorded in the deposition which appeared as her evidence at the inquest. "Every one of the witnesses has said that what happened was this." said his Honor, "that a statement which was-made by him or her to the police was put in. He or she was asked whether that was correct and the answer was ' Yes.' Then he or she was asked a number of further questions and gave answers, but the answers are not here (in the depositions). I don't suppose it is the fault of the coroner because he has not the facilities."' Cross-examining counsel - (Mr O. C. Mazengarb): He has not even a His Honor: It is not his fault. I am not blaming him in the least, but there is something wrong with the system, something very deficient with the system. It means really that for the purposes of any subsequent proceedings a coroner's depositions are of very little value. Of course, the coroner may have thought the questions had very little to do with what he had to decide, the cause of death. Nevertheless, the questions were asked and answered. The system needs overhauling. Mr Mazengarb: May I. be permitted to say it is a vicious system that does only half the thing. His Honor emphasised the statement that he was not criticising the coroner himself.