INQUESTS AND THE LAW

Sun (Auckland), Volume III, Issue 800, 22 October 1929, Page 1

INQUESTS AND THE LAW

Light Sought On Elsie Walker Case

MINISTER’S STATEMENT AWAITED THE SUN’S Parliamentary Reporter PARLIAMENT BLDGS., Monday. MEMBERS were very keen in their desire, in the House this evening, that more light should be thrown on how Elsie Walker met her tragic death, and pleas were made to the Minister of Justice, the Hon. T. M. Wilford, to make a statement that would allay public fears as to the course of justice in the case.

The subject was brought up by the Coroners' Amendment Bill, introduced by Mr. C. E. Macmillan (Tauranga), who represents the district in which the unfortunate girl lived. He gave as his reason for introducing the Bill the unsatisfactory state of affairs surrounding tbe death of the girl, and traced the history of the case. No evidence of how she had died had besn established, he said, and he himself had taken the question up with the Minister of Justice, with the result that an inquiry had been held into the police conduct of the case to appease the public mind on the subject. The police had been exonerated completely, but public anxiety had not been allayed. Mr. Macmillan previously had submitted a draft of the Bill on the subject to the Minister, but he had not accepted it. Now he to know what was the position, and, representing a large body of opinion, he felt that he was entitled to ask what were the reasons for not dealing with the fresh evidence. There was a feeling in his district that the inquest should be reopened. CLEARING THE POSITION Mr. J. A. Young (Hamilton), supported Mr. MacMillan, and hoped the Minister would give a statement that would satisfy the public, especially in the Auckland district. The Leader of the Labour Party, Mr. H. E. Holland, also asked for a statement from the Minister and held that such a Bill, being so important, should come from the Government itself. M’as there any bar to the Minister’s department taking action at the present time? Mr. Wilford: None whatever. Mr. Holland said that the position seemed to be that the police were not doing all they should in the affair.

If additional information came forward could the Minister’s Department act? Mr. J. A. Nash (Palmerston) asked if Mr. Wilford, with the Leader of the House, would see his way clear to allow the second reading. It might be instrumental in clearing up the position. More than a second reading was needed said Mr. Savage (Auckland West). If the legislation on the subject was weak, action should come from the Government and should bo introduced by the Minister himself. If further evidence were forthcoming.— Mr. Wilford: As to the cause of death? Mr. Savage: As to the cause of death. Mr. Wilford: Two doctors called could not say what she died of. Mr. Savage claimed that if there were any more evidence available it should be given to the coroner. CAUSE OF DEATH Mr. W. J. Poison (Stratford) held hat if two doctors had not been able to determine the cause of death he ould not see what use the amendment would be. The police seemed 10 have all the evidence they could Set and could not lay a charge. It was the duty of the House and he Government, said Mr. A. Harris Waitemata), if any fresh evidence were forthcoming, to allay the disturbance in the public mind. Mr. A. W. Hall Hauraki) was of

the opinion that the only way to solve the mystery was to reopen the inquest. Mr. E. J. Howard (Christchurch South) said that the coroner had brought in an open verdict, and now the case was a police one. It was due to the police force that some I statement should come from the Min- | ister. There was a feeling in every father’s mind that all was not done that should have been. To Mr. H. M. Campbell (Hawke’s Bay), Mr. Wilford pointed out that the Bill must be made retrospective to have any effect in the present case.

Mr. W. H. Field (Otaki) said that he had heard it on a pretty good authority that the medical evidence in the case was not satisfactory, and the coroner had never had full information as to Elsie Walker’s injuries. The Government should adopt the Bill or introduce one on similar lines. Mr. Wilford said that he had received the full file on the case that morning, and had worked all day on it and was still working, so he could not make a statement yet. The Bill would not fulfil the purpose desired as it concerned the cause of death only, and medical evidence had not revealed the cause of death. If the police had the necessary information they could try to make an arrest. The difference between the New Zealand and English systems was that the coroner in England had the right to a jury, and a jury could commit a man for trial without the .case going to the Magistrate’s Court, as in New Zealand. The coroner in New Zealand could go only on the medical evidence as to the cause of death. Mr. Savage: Did the coroner suggest that the inquest should be reopened? Mr. Wilford: Yes. Mr. Savage: He must have had a rrason. Mr. Wilford: He gave a good judgment. My opinion is that the reasons were all wrong and the judgment all right. Mr. Wilford said that two witnesses would not be recalled if the inquest were opened again. Replying, Mr. Macmillan made a point once more of the necessity of reopening the case, and Mr. Wilford asked whether he wanted two women witnesses at the inquest recalled. If he did Mr. Wilford had written statements from them stating the opposite of what had appeared in the newspapers.

Mr. Macmillan said that the Bill sought to reopen any inquest. He was making no reflection on the police or the Justice Department, but he held that both .were hampered by the present state of affairs. The Bill was introduced and read a first time. PUBLIC MEETING TOMORROW Prominent citizens of Auckland will address a public meeting: in the Town Hall at 8 o’clock tomorrow evening, called by the Society for the Protection of Women and Children to consider the need for an amendment to the existing Coroners’ Act, making it possible for inquests to be reopened. Speakers will deal with the question with special reference to the Elsie Walker case.

All kindred societies will be represented at the meeting, which will be presided over by Mr. C. J. Tunks.