decision declared invalid

Press, 10 February 1988, Page 8

decision declared invalid

PA Auckland A decision eight years ago to demote a former naval captain, lan Bradley, was yesterday ruled invalid by a High Court judge. Mr Justice Smellie, in a reserved judgment, found that Mr Bradley was not treated fairly when his category for promotion was downgraded. Those responsible failed to observe the rules of natural justice by not allowing him to put his own case. His Honour declared invalid the investigation and decision of the Naval Promotions Board in 1980 to recategorise Mr Bradley. But he declined a request by Mr Bradley’s counsel, Mr Colin Nicholson, Q.C., that an order be

made setting aside the demotion. His Honour said that Mr Nicholson acknowledged that this latter claim added nothing of substance, but it may have helped Mr Bradley in any further action he wished to take with the Navy. However, by the “illadvised and precipitate” action of applying for early release from the Navy, he closed the door on his naval career, his Honour said. Bradley applied for a discharge from the Navy after being downgraded. “Had Mr Bradley not taken that step there might have been some point in setting aside the decision,” Mr Justice Smellie said.

Mr Bradley is entitled

to apply for costs. Mr Bradley said later he had “mixed emotions” about his success in court.

“I am pleased for myself and for the people who have stood by me through thick and thin. But I wasn’t having a go at the Navy, I was trying to find out why I had to leave it.”

Mr Bradley and Mr Nicholson said they had yet to decide whether to press a new case for damages.

The director of legal services for the Ministry of Defence, Colonel Graham Law, said the naval authorities would give careful consideration to Mr Justice Smellie’s 80page judgment before deciding what steps to take next.