POLICE EXONERATED

Hokitika Guardian, 6 April 1929, Page 6

POLICE EXONERATED

ELSIE WALKER -.CASE. REPORT 15Y M.R I'aGE, S.M. WELLINGTON. April -I. The report ol Mr Page, S.M., the Commissioner ap|;ointod to imjuire into the conduct of the police in coiineciun with the death ol Elsie Walker, is a document ol sonic olfhU wolds. Allei going minutely into the evidence adduced. Llic Commissioner says: “I have .set out in some detail the more important steps taken by the police, particularly in the earlier stages of the inquiry, because as H seems to me. a plain statement ol these steps dispose of a large number of matters raised by counsel lor the Crown. Proof of these steps docs mil depend upon the oral evidence ol the ollicers whose efficiency and whose conduct in carrying out their duties i> now being inquired into. It is in the main established by original records, written at the time from day to day. disclosing the nature and date, ami in most cases the exact hour at which steps were taken, home ol the matLcrs raised by counsel, howuiei, icqiiire some comment. REMOVAL 01- THE BODY TO THE .MORGUE. “The police regulations provide that where a dead body is found, it should as a rule, he removed to the nearest morgue, and that in suspicious eases every circumstance in connection with the appearance ol the body and the position in which it is found should be carefully noted. The practice where foul play is indicated or suspected is to call in detectives, who in turn, where the circumstances warrant it, call in medical aid before the body or surroundings are touched. In this connection it is obvious that police office is should err on the side ol caution, ami if the circumstances, though indicating the probability of death by suicide or natural causes, are also consistent. with death by loiil play, the latter possibility should dominate the steps and care taken.

“Constable Collins tec® a earclu! survey ol the posture in .which the body was found. The Commission has closely examined all the evidence as to this posture, both by the statements oj all the witnesses that saw the body prior to its removal, and by physical demonstrations on the spot, given by ,-ach of them, but the result was inconclusive. It may he that a close examination by expert eyes ol the body itself as it lay there might have given some indication as to whether the girl had crept :i" Micro or hail boon placed there. Constable Collins took the precaution of twice ringing the detective office before removing the body, and bis opinion expressed to that office that there appeared to he no suspicious circumstances was the honest and painstaking exercise of his judgment in the circumstances as they then appeared and with the knowledge then available. That opinion was a |iiatura;l •me to come to. REMOVAL OE CLOTHES FROM THE BODY.

“The regulations provide- that where i Iwidy has been removed or taken charge of by the police for an inquest. A should lie carefully searched and examined with a view to ascertaining •vhether there are any marks of external violence. In this ease an unidentified body was brought to the morgue, and it was in accordance with the regulations and with the usual practice (or the clothing to he removed so that the body could he examined for marks of violence or other evidence. In Die inn instances existing Mere this prn•udiiro was a proper one. CIVILIAN PRESENT AT THE EXAMINATION OE THE BODY. “The civilian was the one who had directed the constable to the spot where the body was found. He had assisted tlie constable to remove it and bring it to Auckland, and was waiting to be taken back to Panmnre after the constable’s duties at the morgue Jiould lie concluded. I do not think that exception can lie taken to liis remaining at the morgue until the constable should finish. Iff ACTE R IOLt )G IOAI > EX AAI I NAT lON OF CLOTHES.'

“There seems to have been some delay in having the bloomers, which were known to nave some stains on them, sent to a bacteriologist for examination. They were sent on October 23rd. seventeen days after being taken from the body. As mentioned above the bloomers and stains were shown by tlie v.niof-Dcteelive to Dr Murray the day after they were taken from the body, and the question of having them bacteriologicaliy examined was discussed between them, ft was not until the 23rd. that it was decided to send them. Dr .Murray is of opinion that tlie result of that examination did not assist him in determining the cause of death, and I do not think that the delay affected the course of inquiries nor the result of them. TELEPHONE MESSAGE FROM TE PUKE. “At the inquest and at the commission some emphasis was laid on the fact that a witness, whose name was mentioned in a telephone message received from To Puke, on the afternoon of Saturday. October 6th. was not interviewed until the morning of Monday. October Bth. Constable Jackson wrote it out. His writing has been

produced, and il contains no referenceto the desirability of having the witness interviewed that day, nor any other indication of urgency. He telephoned it to Hamilton, where it was received by Detective "White, who wrote it down as he received it- 11 is original record ol it has also been produced, and it also contains mi roloroiii-o to (lie above matters. Detective White received it at 3.30 n.ni.. and he lelcpmnied it to Auckland, where it was received at 55.-11 l p.m. Ihe Auckland message, therefore, being a copy of that received at Hamilton, contains no reference to any suggestion that, the witness should he interviewed that day or urgently. Constable Jackson says he is dear lie mentioned this matter, anil Detective White is clear he did not receive any such suggestion.

“Roth the witnesses impressed me as keen, reliable ollicers, and 1 am satisfied each is slating what he believes to 1.0 the correct account. Detective White’s written note of the message is very full and contains many details. If the message, as sent, had contained relerence to the desirability of having the witness interviewed that day or urgently there seems to me little doubt that Detective While would have recorded ii. Detective-Sergeant Kelly, of Auckland, to whom the message m,in Hamilton was delivered, had at Unit stage little material on which to interview the witness (the body hail only been discovered the night lsoIbre), and I think lie acted reasonably in having the witness sent in to the detective office on Monday morning, and interviewing him at length there. PROAIPT. THOROUGH AND EXHAUSTIVE.

“Reviewing the whole of the evidence adduced before the commission the conclusion formed in my mind is that tfupolice steps and inquiries, though they have failqd to establish the manner oT the girl's journey from Papamoa. to Pan mu re. or the actual cause of her death, were prompt, thorough and exhaustive. Details of their actions throughout the night of the oth. and the early morning and day of the 6th disclose the spirit in which the problem was tackled. In my opinion the stops and inquiries were well and capably directed throughout, and methodically and faithfully carried out. The existing rules and instructions are. in my opinion, adequate. \ think that the Crown should hear reasonable costs incurred bv the police officers incidental to the Commission.”