PRIVILEGE CLAIM
REFUSAL BY JUDGE
A POLICE STATEMENT
(Br Telegraph—t Jresß Association.) AUCKLAND, May 26. Holding that no grounds upon which privilege was claimed had been put forward, Mr. Justice Callan, in the Supreme Court today ruled that an unsigned statement made to a police constable should be produced in evidence. During the hearing of a claim for £2000 brought by a farmer against a sawmiller for the loss of the plaintiff's wife in a motor accident, Mr. North, for the defence, called Superintendent Till, of Auckland, and asked him to produce a statement made by the driver of a motor-car to a police constable. Superintendent Till claimed privilege, saying that he had been instructed to do so. The statement was not signed and the maker of it was not a party to the action. His Honour: Well, Superintendent, with regard to your point that the statement is not signed, 1 take it that what counsel is endeavouring to prove is something said to the constable by a person who did not sign a statement. If the constable could remember what was said 1 would rule he could give evidence. The further point that a person making a statement was not a party to the action before the Court makes no difference. Who is your superior officer? Who has given you instructions to claim privilege? Superintendent Till: The Commissioner of Police. I have his memorandum here. , His Honour said his view was that it privilege was to be claimed something further from a Minister, of the Crown should be before the Court. The grounds for making the claim in the Slate's interest should be set out. While not expressing an opinion whether the claim for privilege . was sound or not, his Honour said he did not consider, in view of the method by which the claim-, was made, the Court should take any action at all. The grounds upon which it was based were not placed before the Court and he would rule that the statement should be produced. . ■ . . • Superintendent Till then handed the document, to Constable Huckstep, who had taken the statement, and who used portion of it in evidence. , ■■■
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/EP19370527.2.16
Bibliographic details
Evening Post, Volume CXXIII, Issue 124, 27 May 1937, Page 6
Word Count
361PRIVILEGE CLAIM Evening Post, Volume CXXIII, Issue 124, 27 May 1937, Page 6
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