Breath-test manual not ours say police

Police say they do not have access to manuals at the centre of a breath-test appeal to the High Court.

Justice Chambers is being asked to rule whether the Crown was right to refuse to give defence lawyer Chris Reid access to the manual for the Seres Ethylometre alcohol breath-testing device, despite an order to do so from the Otahuhu District Court.

The Crown Solicitor for Auckland, Simon Moore, and prosecutor Mike Heron told Justice Chambers that the French manufacturer supplied the manuals to the Institute for Environmental Science and Research (ESR) on the basis that they remain confidential to its staff.

Mr Moore said the ESR was not the agent of the police, but had a contractual relationship to maintain the breath-testing machines.

Earlier, he said that providing the manual to defence lawyers could lead to the manufacturer refusing to supply information to the institute.

The machines would then have to be withdrawn from service as they could not be serviced or maintained.

Yesterday, Mr Moore likened the manual to those supplied to motor dealers to service vehicles.

"Such a manual would not be provided to the purchaser of the motor vehicle ... The police are not entitled to, nor could they request the instrument manual be provided to them," said Mr Moore.

But Grant Illingworth, counsel appointed to assist the court, said it was a "wholly specious argument" to suggest that the manual was in the hands of the ESR only, and therefore that compliance with the district court order was beyond the power of the police.

It was obvious that the breath-testing device had been supplied to the police and the manual must have been supplied to the ESR under contract between the Ministry of Transport and the manufacturer.

The ESR plainly held the manual as agents of the Crown.

"It would be idle to assert that the Crown does not have access to the manual," said Mr Illingworth.

Even if the manual were not immediately within the possession of the prosecution, he said, it was certainly in its power to procure it.