ORDER QUASHED

Southland Times, Issue 25362, 14 August 1935, Page 8

ORDER QUASHED

THE CHIEF JUSTICE DIRECTION TO POLICE CONSTABLE QUESTION IN COURT (Per United Press Association.) New Plymouth, August 13. A police order was countermanded and a constable was ordered to divulge information by the Chief Justice (on Michael Myers) during a motor collision case in the Supreme Court today. The point arose when Mr M. J. Burns was cross-examining a youth on a statement he had given Constable r. Lemm a few days after the collision. Mr G. J. Bayley, the opposing counsel, submitted that as Mr Burns had not the police statement in his possession, and as the constable, who would be called as a witness, would not be allowed to produce the youths statement, to cross-examine one it was not fair. “It is not for you or the police to say the statement cannot be produced, said Sir Michael Myers. When Constable Lemm was called Mr Burns’ first question was; “The youth made the statement to you after the accident. Where did he say his brother was riding on the road? “I am sorry,” said the constable, but I’m instructed not to disclose any information taken from statements. The information is confidential.” His Honour: You will question. Counsel repeated the question and the constable said the information was regarded as confidential to the Police Department and was not to be disclosed. “I don’t think the information is confidential and I direct you to answer the question,” said the Chief Justice. “You are not being asked to produce the statement and I shall stop counsel at once if questions derogatory to public policy are asked.” The constable then answered the questions.