Motor Notes

Hawke's Bay Tribune, Volume XVII, 10 December 1927, Page 13

Motor Notes

POLICE PROCEDURE

WHEN ACCIDENTS OCCUR. USE OF PERSONAL STATEMENTS A question of great importance and interest to motorists and police stike was discussed at the Wanganui Court last week, when Mr J. S. Barton, S.M., was addressed by the Bar in connection with police procedure when a motor collision occurs. Mr W. J. Treadwell, in his introductory remarks, made it clear that he was not reflecting on the police or the senior of the district police, who was a most capable and courteous officer. “Many of us, however,” continued counsel, 1 * do object to what might be called a system that has grown up under the motor regulations. When people are unfortunate in being involved in a motor collision they are required to report the matter to the police. If a costable does not happen to be there the parties are required, in the terms of the regulations to report at the earliest possible opportunity that there has been an accident. They are required to do nothing further than report. The system, however, has grown up that when an accident occurs a statement is taken of al! the parties concerned. It is than left to the police to exercise their judgment, to the best of their ability, to say which people if any they intend to prosecute. When the matter comes to court one side of the parties in the accident is called upon to give evidence as to what took place. When, the other side, who are defendants, are giving their version they aro very frequently met with these statements, although the statements may have been given honestly at the time, or may have been made under circumstances of stress. Although after consideration tliQj may have decided that statements require modification they are confronted with original statements in courts' “I can’t help saying,” continued counsel, “and with a full sense of responsibility. that the system is a pernicious one is unfair and not in the interests of justice. ’’ A defendant, is practically put upon his trial and treated very much In the snme way as a man who is arrested on a serious charge and who has made a statement to the nollco. Although the police have statements from both parties the statement made bv the man who is being prosecuted is used to test his veracity, while the statement made by the other parties to the police is not acailable. They could thus see that the party who was being prosecuted wrs being placed in a most unfair position. If statements were to be used at all eoiinse l contended ihe whole of the statements should be made available to defendant’s counsel. Mr Brodie endorsed the remarks of Mr Treadwell.

Senior-Sergeant Lopdell, in reply, said he could not commit uis department. They, as police officers in many of these things were bound by the departmental regulations. In regard to the matter of statements, it was ’he police practice to regularly take the names and addresses, and where possible a plain statement of those who witnessed the accident. It was then determined by a responsible officer whether any action was to be taken. Mr Barton said that the point had been raised in a very proper way by Mr Treadwell. He considered that proper remedy lay in legislation. Prosecutions as a rule were based on statements to the police. He eould see the objections raised bv Mr Treadwell but he had to confess that he eould see no bettor way. He agreed the problem was a difficult one and suggested that the comminee of the Law Society might forward suggestions nnd probably invite the police to forward them to the Now Zealand Law Society and to the department.