Witness Still-Silent Under Legal Advice

Sun (Auckland), Volume II, Issue 517, 21 November 1928, Page 1

Witness Still-Silent Under Legal Advice

SOLICITOR BEATS POLICE SEQUEL TO WOMAN’S DEATH Submitting that a witness could not be called upon to give evidence that might tend to incriminate her, Mr. R* A. Singer, at an inquest yesterday afternoon, engaged in earnest debate with the Coroner, Mr. F. K. Hunt, S.M., and ChiefDetective Hammond. An indemnity against the prosecution of the witness failed to move Mr. Singer, who raised technical objections. The Inquest concerned the death of Freda Ellen Clark, aged 29, of Te Aroha, who was found dead at the home of Georgina Colnett, 88 Williamson Avenue, Grey Lynn, on November 1. The police have had difficulty with the case on account of the reticence of the witnesses but it was disclosed yesterday that Mr. Singer had arrived at the house before the investigating police officer. Dr. L. N. Murray, who conducted a post-mortem examination, said Miss Clark had died from blood-poisoning following on incomplete miscarriage, but there was no evidence of illegal interference. When Mrs. Loris Lannefeard, of St. Andrew’s Road, Epsom, a sister of Miss Clark, was called to give evidence, ithe was asked by Chief-Letective Hammond if she had sent a certain letter to Miss Clark. Mr. Singer: I advise her to decline to answer that question. The Coroner: You are not going to Instruct her in the box—she must leave the Court while we discuss it. In claiming privilege for the witness, Mr. Singer said the duty of the police was to obtain evidence to aid the prosecution, and Mrs. Lannefeard, he submitted, was entitled to refuse to answer a question that might incriminate her. The Chief-Letective: Mr. Hunt is sitting as coroner, not as judge. The girl dies—we know nothing about her, and w*e can’t get information. Mr. Singer was in the house before the police arrived, but the coroner’s duty is to see that the facts are brought out. INDEMNITY OFFERED Mr. Hunt then asked Mr. Hammond if he would give Mrs. Lannefeard an indemnity against prosecution if she gave the evidence. “If she gives a truthful/account, she won’t be prosecuted.” replied the chiefdetective Mr. Singer: Neither you, Mr. Hunt, nor the chief-detective can give such indemnity—it's a preposterous proposal. You say to her that, if in the opinion of somebody, you or Mr. Hammond. she tells the truth, she won’t bo prosecuted “My duty is to determine to the beet of my ability how the unfortunate young woman met her death,” said Mr. Hunt. “I can tell the witness she is not to be prosecuted.” Mr. Singer: You’ve got no right to say that, and if you do say it. it’s rubbish “Very well,” replied the coroner, “I’ll send for the Crown Solicitor ” At this stage the inquest was adjourned until this morning to enable the Crown Solicitor to be present. When Mr. V. R. Meredith appeared this morning he applied for a further adjournment, and the Inquest will now be opened again on Monday afternoon.