POLICE PROCEDURE

Otago Daily Times, Issue 24950, 24 June 1942, Page 4

POLICE PROCEDURE

OBJECTION BY JUDGE (Special) AUCKLAND. June 23. The course followed by the police in conducting a North Auckland prosecution was objected to by Mr Justice Callan, when a prisoner was before him for sentence. "The police followed a course which seems to me to be verv unusual and very questionable." said his Honor. They had put in as evidence police statements- obtained from boys, and apparently the only justification offered for this was that a police officer had read, the statements to the accused, and he neither denied nor admitted them.

The police did another thing which seemed to his Honor to be questionable. One of the witnesses, after having got a certain distance, obviously disappointed the police, and, in spite of objection by counsel for the accused, his statement was put to him to refresh his memory. "I have handed this statement back to the registrar." his Honor said, "I have not read one word of it. I hav«> carefully restrained myself from reading any portion of the evidence of this witness after his memory was refreshed, and I propose to deal with the case as it stands, apart from this. I do not think that this procedure can be justified." His Honor added that the probation officer in his report had taken into account that the accused had been in a previous action of the same kind 17 years ago and was acquitted. " Surely if a man is acquitted he is acquitted.'" said his Honor.