ALLEGED WRONGFUL DISMISSAL

Dominion, Volume 22, Issue 73, 19 December 1928, Page 16

ALLEGED WRONGFUL DISMISSAL

EX-POLICEMAN CLAIMS DAMAGES.

On March 19 last. Constable Michael Power, of the Police Force, who was stationed at Greymouth, received a telegram from Inspector Mathew, stating that the Commissioner of Police (Mr. IV. B. McIlveney) intended to dismiss him (Power) from the force, unless he resigned at once. Power replied to the effect that the charges against him had already been heard, and the penalty had been paid by the infliction of a £3 fine. 'As to whether the Commissioner of Police was justified in dismissing Power after he had been fined for the offence for which he was dismissed, was argued before Mr. Justice Ostler, in the Supreme Court, on Monday, when the ex-constable who is now an agent at Whangarei. sued the Crown for £2OOO damages, for alleged wrongful dismissal. During the month of February of this year, Power, who joined the force in 1911. was charged by the Commissioner of Police with having made improper use of property belonging to the Government, contrary to regulation 353. sub-section 49, of the Police Regulations, 1919. On February 14, Inspector Mathew held an inquiry into the charge at Greymouth, with the result that Power, who pleaded not guilty, was convicted and fined £3. which sum was duly deducted from his wages. Later. Power was dismissed from the force by Mr. Mcllveney. Mr. R. K. Trimmer, of Whangarei, who appeared for Power on Monday, contended that as his client had already been punished by being fined £3. he could not be punished again, as be had been, by being dismissed from the force. For the Crown. Mr C. H. Taylor said that the Commissioner of Police had the power to dismiss any constable whom he considered unfit to remain in the force, even if he had been previously punished by the infliction of a fine. As the Commissioner did not think Power was fit to remain in the police force, he accordingly dismissed him, as he had a perfect right to do. The Court reserved its decision.