REFUSAL TO TESTIFY

Poverty Bay Herald, Volume LXII, Issue 18759, 16 July 1935, Page 12

REFUSAL TO TESTIFY

CONSTABLE’S ACTION POSITION IN CIVIL CLAIM The refusal of a police constable to give evidence in a civil action caused a niild sensation in the Te Aroha Magistrate’s Court. The case was one in which a claim \yas made for £52 damages, , arising out of a collision between two motor-ear 3at an intersection. Counsel for plaintiff had submitted a plan of the locality, to which defending counsel oojected, claiming that as the plan submitted showed the alleged positions of the two cars, witnesses would probably be influenced thereby. 4The magistrate upheld this contention and asked for the production of a plan showing the locality only. Neither counsel had bucli a plan, but the court was informed that a plan was possessed by Constable A. Jfi. Hinton, who was promptly called to give evidence and to submit his plan. On being] sworn the constable stated that he had no option but to refuse to give evidence, as his position was governed by the police regulations. In the first place, he said, any police officer Ofl being subpoenaed must first obtain permission from his inspector to give evidence. In this case he had not been subpoenaed and had therefore no permission. Furthermore, this particular acoident was also the subject of u pending police prosecution, and he could not give police evidence in support of a civil claim. The magistrate upheld the constable’s contention.