INDIVIDUALS ONLY

Sun (Auckland), Volume II, Issue 595, 22 February 1929, Page 1

INDIVIDUALS ONLY

Methods in Elsie Walker Case MAGISTRATE’S RIGHT TO COMMENT INCIDENTS in connection with the now famous Walker Case were again discussed at the Police Court this morning when the inquiry into the conduct of the police and methods adopted in ascertaining the cause ot' the girl’s death, was conducted by Mr. E. Page, S.M., of Wellington. The question of procedure and the scope of the inquiry, particularly in the direction of police criticism, occupied the most of to-day’s session.

MEMBERS of the public: were not admitted to the small auxiliary courtroom where the inquiry was held, and which was well filled by police officers, members of the detective branch, and members of the legal profession interested. Watching the proceedings was Commissioner W. B. Mcllveney, and also present were Superintendent Wohlrnann and Inspectors Hollis, Mcllveney and Eccles. The body of the 17-year-old girl, Elsie Walker, was found in a patch of scrub near the old quarry at Tamaki on the night of October 5, the girl having disappeared four days previously from the home of her uncle and aunt, Mr. and Mrs. Frank Bayly, of Papamoa, Bay of Plenty. Simultaneously with her departure the five-seater motor-car belonging to Mr. Bayly disappeared, and was found abandoned at Papatoetoe the next day. Following a searching inquiry conducted by the coroner, Mr. F. K. Hunt, S.M., at an inquest lasting for over a week, a finding was delivered that Elsie Walker died about October 1, somewhere between Papamoa and Auckland, and that the cause of her death was concussion, following a blow on the head, but whether that blow' was accidental or homicidal there was no evidence to determine. The coroner expressed the opinion that some obscure points might have been cleared up if police action had been taken more promptly, and stressed the necessity for the holding of an inquiry into the police conduct of the case.

The onder of refereuce appoints the commission “to inquire into aud report upon (a) The efficiency of the discharge of their duties by, and

(b) The conduct of all or any of, the members of the police force of New Zealand in relation to the inquiries made and the steps taken by them, or any of their., concerning or subsequent upon the disappearance and death of Elsie Walker, late of Papamoa, deceased, and to inquire into and report upon the question whether it is necessary or advisable that any rules or instructions be laid down for the guidance of members of the police force touching the steps to be taken, and the inquiries to be made, upon similar occasions in the future.

The commission is also authorised to call and examine any persons on oath, and to examine any documents or records that may afford information on these points. It is required to report to the Minister of Justice not later than April 10. The evidence is being led by Mr. A. E. Currie, of the Crown Law Office, Wellington. Mr. Allan Moody is appearing for Chief-Detective Hammond, Mr. A. H. Johnstone for Inspectors Hollis, Mcllveney, and Eccles; Mr. G. P. Finlay, for Detective-Sergeant Kelly; Mr. Noel Johnson, of Hamilton, for Superintendent Wohlmar.n; and Mr. L. P. Leary for Sergeant Lambert, of Otahuhu, and Constables Collins, Pollard. Nield, and Molony. PROCEDURE DISCUSSED Considerable time was devoted this morning to outlining the procedure and reference of the inquiry. Mr. E. Page, S.M., said it w'ould probably be more convenient if Mr. Currie were to marshal and lead the main evidence. Mr. Noel Johnson asked that an early opportunity be taken of inspecting the locality where the body was found. Mr. Leary said that on behalf of Constable Collins, who reported on the finding of the body, he would like this done early in the inquiry. The grounds given by Constable Collins tor coming to the decision that death "as not due to violence would no doubt tinge the whole course of the inquiry. He suggested that it would be very helpful to the magistrate if be inspected the locality at the outset.

Mr. Page said he would first hear Mr. Currie’s opening before fixing a date for the inspection. Mr. a. H. Johnstone said that as ’he police files had just been handed k> counsel, there had been little opportunity of becoming familiar with them. If his Worship decided to view the locality early in the proceedings, counsel would have an opportunity °f reading them. The question of ordering witness out of the room w'as raised by Mr. Lurrie, who said that on one point e ex Pected a conflict of facts. There * ei ! e points which he wanted explained, and on them he would have to question several witnesses. Tender the circumstances, he thought memers °f the force concerned should not be present. Mr. Finlay immediately protested that as allegations had been made against certain officers, it would be very unfair for fhese allegations to be heard in their absence. As the police files had only just . een handed to them, counsel would a re Q u ire their assistance. rhe commissioner agreed that this Point raised some difficulty. A *r. Currie: This commission has 0 disciplinary power whatsoever. As ar these officers are concerned,

they can only be punished under thenown regulations. The report of this commission can punish them no more than a leading article in a newspaper.

Mr. Finlay: You suggest that the commission is useless?

Mr. Currie: I am not here to discuss that.

The question as to how far the work of the commission should proceed in public was also raised by Mr. Currie. “Certain methods of crime detection would have to be explained, he said, “and we don’t want to make this an opportunity of educating the criminal public.” Mr. Page: You can draw my attention to these points as we approach them. CRITICISM Or POLICE OFFICERS As to the order of reference, Mr. Currie said the inquiry was not intended to be another inquiry into the cause of Elsie Walker’s death. Neither was it an inquiry into the way in which information gained by the police * was presented at the inquiry, nor au inquiry into the general administration and control of the police force in general. It was also a question whether, in the event of the magistrate finding anything remiss on the part of any individual, ne should indicate what officer should be the subject of criticism.

Mr. Page: Supposing I find that rules and regulations are defective should I not say so?

Mr. Currie: I should have considerable hesitancy in criticising the Police Department for reasons of policy. It is strictly a departmental matter. Rules might be defective, yet they might be the best available. Mr. Page: Would you not at least draw attention to them? Mr. Currie: I could not do so without calling an expert, such as the Public Service Commissioner.

Mr. Page: It is not a general police inquiry, but if any individual is found to be dilatory we must, of course, comment on it. POLICE REGULATIONS The regulations, said Mr. Currie, formed a “tolerably complete” guide to the police code. Mr. Currie continued to outline the scope of the regulations in their application to various ranks of the police force, in regard to duty. Regulation 210 would probably be referred to during the inquiry. It dealt with duty where a case of crime arose. “The regulations do not say anything about suspected crimes, in so many words," Mr. Currie pointed out. “Generally, under the commissioner, you have superintendents and under them, sub-inspectors,” Mr. Currie went on to say. “Then the force divides in two. In the uniformed branch you have senior-sergeants, sergeants and constables. Then there are chief, or senior detectives, detective-sergeants and detectives.” Mr. Page: If a chief detective is promoted, where does he go to? What becomes of him?

Mr. Currie: I do not exactly know. The next rank is sub-inspector. Mr. Finlay: He becomes a seniorsergeant.

Counsel went on to explain tlie division of the Auckland police district. All the detectives were under Inspector Hollis, of the Central District. One of the main features of the co-ordinate police districts system was that the superintendent was in control of staff work, with the exception of reports in connection with pi’o motion. In the case of Auckland, where there were two inspectors, should one of them be absent, his brother inspector would take over the absentee's work, 'not the superintendent. SALIENT DATES “I think it would be unnecessary for me to refer to the facts connected with Elsie Walker’s death,” Mr. Currie continued. “Your Worship has gone through the depositions, and the proceedings would be shortened. *‘l have mapped out what I considei to be the salient dates in the police inquiry. Tuesday, October 2, was the day on which the police—Constable Jackson, of Te Puke—received the lirst information of the disappearance of Miss Walker and the car. On the next day, Constable Maloney, of Papatoetoe. discovered the car and i sent word to Mr. Bailey. Two days later. Miss Walker’s body was found at Mount Wellington. The police had the knowledge through Constable Collins, of Panmure. On Saturday, October 6, a post mortem was conducted, and a verbal report was given to the police by the surgeons. A few days later, a written report arrived. It was not dated. Such depositions, I understand, are not dated, as they are taken later as evidence at inquests. The following day. the body was identified at an inquest. On Monday, October 8, a circular was sent out to many police stations, although a substantial amount of investigation had been conducted before this. On the same day Frank and William Bailey were inter-

rogated by the police in Auckland. The next important step was when Detec-tive-Sergeant Kelly was sent to investigate in the Bay of Plenty. This was about October 16, but Mr. Kelly had already been working near Auckland. On November 5, Detective-Sergeant Bickerdike was assigned for investigation. On November 21 a special notice, which must have been dispatched from Auckland, appeared in the “Police Gazette,” and on December 7 instructions were given to the Crown Solicitor in Auckland. FRESH REPORTS “The first of a considerable number of fresh reports concerning the movements of William Bayly particularly appeared on December 18,” Mr. Currie went on. “This is not a complete summary of the work done. That a great quantity of work was done is undeniable. The painstaking character of a great deal of it must impress your Worship. “Between the statement of a Mrs. Anderson and the inference of a Mr. Pahl, there is a conflict, and I shall ask for an explanation as to why further evidence was not obtained which would resolve this evidence in one direction or the other. The interrogation of Mrs. Anderson was in the hands of a member of the uniformed banch of the police. “I shall invite the officers responsible to explain why the body of Miss Walker was removed at night when a thorough inspection of the locality could not have been made. It would be proper to ask Constable Collins, "who found the body, what grounds he had for expressing an opinion as to how death had come about. Further, it could be considered whether the detectives at the Central Station, who instructed Constable Collins by telephone, were justified in acting on the opinion as expressed by the constable. There appears to have been delay in submitting clothing to expert investigation. Another question is whether the surgeons gave sufficient information to the detectives to act upon. A question bearing on that is whether they should not have been asked to enlarge on their reports. “At one stage suspicion was on William Bayly, and the work done on his movements has been put on a separate file—number nine.” INTUITION AND DEDUCTION One system of detection is that carried out by the intuitive type one reads about, and another system is that of deduction, such as practised in “Sherlock Holmes” literature. We probably have no intuitive geniuses in New Zealand, but a sound, systematic process of inquiry is employed. “There are two things to be considered —what ought to be done and who should do it.

“I propose to ask Superintendent Wohlmann to give evidence first, and I renew my request concerning the necessity of certain people remaining outside 'he court room,” Mr. Currie said.

“I think it is necessary that they should be here,” protested Mr. Moody. “I certainly see no reason for ordering the Chief-Detective out of court.”

Mr. Johnstone: I most strenuously oppose the proposal—it is highly improper. If my clients are not here, they cannot instruct. Technically, my friend may be right, but grave reflection may be cast on the work of one or other of the men. Mr. Page: I shall not make an order at this stage ordering these witnesses from the court. Their careers might be in jeopardy. At this stage Mr. Noel Johnson raised the question of the advisability of adjourning to the place where Miss Walker’s body ■was found. Mr. Page agreed and adjourned the commission until half-past three o’clock. Mi\ Page mentioned that he would like to have the three men who viewed the body—Constable Collins, a Mr. Carter, and an undertaker’s assistant —at the inspection of the locality.