POLICE FILES OF EVIDENCE

Hokitika Guardian, 2 March 1931, Page 5

POLICE FILES OF EVIDENCE

USB IN THE COURTS. OBSERVATIONS BY CHIEF JUSTICE. WELLINGTON, February 27. Reference to the production of police files in civil proceedings was made in the Supreme Court yesterday during the hearing of a claim for damages following an accident. , All- AY. E. Leicester said that counsel often found themselves in a difficulty because- some Judges upheld the view of the Police Department that the production of statements could not be enforced. Mr F. AY. Ongley. replying to a question by the Chief Justice (Sir Michael Myers), said that polite files were held to be State papers which could not he made available. However, couns.d had been able in the past to arrange for constables who were to give evidence to look at the statements and thus refresh their memory. His Honour: It is the duty of the police to help in the-se eases, Mr Onglev • They have taken the other view. They say that they have to make inquiries and cannot allow the result of those inquiries to be- made available for civil proceedings. His Honour observed that it was the duty of the police to help in the adm-inist-rurtion of public justice. Of course, the police had to exercise a certain amount of discretion, and so must the Court. He could see no reason why in a case like that before the Court the statements required should not he produced. Tn some cases no doubts, the police might he quite right in declining to produce the documents. His Honour said lie could appreciate that there were circumstances in which such an attitude would lie perfectly right. The case before the Court, however, was merely !l matter between the two parties; the rights of the .State were in no way affected, and no criminal proceedings were pending. He could not see that it- was contrary to public policy that in such a ease tile police should produce the statements to help in the administration of fustic?. His Honour added that he- would make it clear that he was not laving down any general rule that in all such cases the police file should h e made available.