EVIDENCE ON COMMISSION.

Poverty Bay Herald, Volume LII, Issue 17088, 17 July 1926, Page 5

EVIDENCE ON COMMISSION.

MOTOR UNIONS' REQUEST

"PRINCIPLE INADVISABLE," SAYS

MINISTER

to Hi* 1 Herald.'

CHRISTCHURCH. this day. ! The recent conference of the North and South Island Motor Unions carried a resolution, that permission should be granted for the taking of evidence elsewherd than at, the court of hearing in regard to cases taken under tho Motor Vehicles Act. A copy of the resolution was referred to the Minister of Justice, Mr. Rolleston, who has written the following letter in reply •' — "This matter already has been under consideration by the Justice Department, and it has bean decided that it would bo inadvisable to admit the principle of allowing the evidence lo he taken on commission in eases which may involve the liberty of the subject. It is a fundamental principle of British law that on a'nv trial for a criminal offence all the evidence shall be given in the presence of the court hearing tiie case, Unless this is done the bearing and demeanor of the various witnesses cannot jbe observed, and without such observation no court can properly weigh the evidence and administer justice. Offences of the nature referred to bv you are punishable by a fino. which is enforcablo by imprisonment. They* may therefore come under the principle mentioned. I know of no portion of the British Empire where evidence, on cornmission is taken in criminal cases.