PRIVILEGE OF WITNESSES.

Otago Witness, Issue 2928, 27 April 1910, Page 3

PRIVILEGE OF WITNESSES.

INTERESTING LAW POINT. (From Our Own Correspondent.) AUCKLAND, April 19. Argument was heard beore Mr C. C. Kettle, S.M., yesterday on a point raised as to whether a witness in a breach of award case could be compelled to give evidence, the ground for refusal being that he was to be charged later on in connection with the same set of circum-. stances, and his evidence might incriminate him. The information had been laid by the Auckland Painters' Union. His Worship, in giving his lecision, said in all British courts of justice there had been a rule that no witness could be compelled to answer any questions which in the opinion of the judge might tend to incriminate him. This privilege had only been infringed upon by recent legislation, which compelled witnesses in certain cases to answer questions which might incriminate them, but it had, as it were, compensated them by practically indemnifying them. Before any court would be justified in saying- that the privilege had been taken away by law, it must be shown very clearly that it had been taken away absolutely. He held that the witness in the case under notice was not bound to answer the questions that were asked hiin. His Worship suggested that counsel might bring the matter under the notice of the Minister.