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Waikato Times, Volume 118, Issue 19659, 20 August 1935, Page 2

i Element of Unfairness. —rmine fur- i Uu-r observations wore matin by the dn* SuiM'oiuo Uotii’l. al -New Plymouth on I lie sub,loot of police in forma I ion being given in evidence. in the ease* in which Iho mailer arose His Honour, pointed out that. Ibe .eonslablo, eon- j corned bad been called, not lo pro- j (luce slalenients bill lo answer queslions as lb what the parlies bad said lo him in Iho course of bis inquiries. | He bad already answered questions as l lu wind, the defendant bad said, with- j oul raising any objection as lo privi- | logo. The evidence on corlaiu points * could not be given by Iht> plaintiff be- > cause Im bad been rendered unconscious and bad no recollection of the events. 11 is brother was therefore called on those points and II was the slat cm em‘s made by the brother a few davs alter the accident that the constable stated he could not divulge. His Honour said it would be unfair to permit a witness to give one side and claim privilege m respect of the other