Probation officer denies leak

Press, 17 May 1984, Page 8

Probation officer denies leak

PA Wellington A senior probation officer, Kenneth Alfred George Birss, denied leaking information to “New Zealand Truth” newspaper, his counsel, Mr Ted Thomas, Q.C., told the Court of Appeal yesterday. Mr Thomas said Birss was given a notice under section 58 of the State Services Act making various charges against him, including an allegation that he provided “Truth” with information about the Christchurch probation office. Birss is appealing against a judgment of Mr Justice Holland in which the Judge declined to hold that his suspension from employment at the Christchurch probation office was invalid.

Stanley James Callahan, the Secretary for Justice, is the respondent.

The Court comprises Mr Justice Richardson, presiding, Mr Justice McMullin, and Sir Thaddeus McCarthy. Mr Thomas said thatr Birss, aged 57, joined the probation service in 1967 and until recently he was described as “suitable for promotion.” From 1978, the probation office at Christchurch became somewhat troubled. Matters came to a head with publication of a series of articles in “Truth” from August, 1981. “The reporter alleged that two female probation officers were cohabiting with probationers,” Mr Thomas said. “The claim was made that one probation officer was living with a probationer, had a child by him and wrote favourable probation reports in respect of

“The officer in question duly resigned,” Mr Thomas said. “Other articles made reference to drug abuse and dishonesty within the service.”

Birss asserted that his fellow workers erroneously believed that he, with another probation officer, was responsible for leaking information to “Truth.” Birss strongly denied this and claimed to have no idea how the newspaper obtained that information. “Nevertheless, since the articles appeared he has been ostracised by most members of the probation office in Christchurch,” Mr Thomas said. “They have wanted him removed from the Christchurch office.” As a result of the “Truth” articles, the State Services Commission appointed Mr N. S. Coad and Mr A. A. P. Willy to conduct an inquiry under the State Services

Act. They presented their report to the commission on March 22, 1982. It included matters which could require disciplinary or administrative action against an individual. Six weeks after the investigators reported, Birss was advised of an appointment with the then Secretary for Justice, Mr Robertson. At this meeting Birss was given a notice of May 17, 1982, under section 58, making various charges against him.

“Included among the charges was the allegation that Mr Birss provided ‘Truth’ with information about the Christchurch probation office,” Mr Thomas said.

“As indicated, Mr Birss strenuously denied this charge. “Indeed, he denies all the charges and has continued

to do so.” The central issue in the appeal was whether, in the circumstances of the case, the Secretary for Justice acted contrary to the principles of natural justice or fairness in suspending Birss.

Counsel for the Secretary for Justice, Mr Ross Elliott, said the charge of having provided information to “Truth” was one among many. In the view of the Secretary for Justice, there were several other charges of at least equal gravity. The charges related in a substantial measure to the behaviour of Birss toward other employees of the Christchurch probation office, and they also contained allegations of improper conduct and dereliction of duties.

The hearing will continue toady.