SYDNEY DIVORCE

Gisborne Herald, Volume LXVII, Issue 20414, 26 November 1940, Page 2

SYDNEY DIVORCE

DAMAGES OF £2OO POLICE OFFICER TO PAY DISMISSAL FROM FORCE SYDNEY, Nov. 21. The jury in the Caesar divorce suit yesterday found against the co-respondent, Detective Sergeant Thomas. Walter Mcßae, on all issues, and awarded the petitioner £2OO damages. Thomas Walter James Caesar sought a divorce from Freda Agnes Caesar on ihc ground of her adultery with Mcßae, who was joined as corespondent, and against whom £2OOO damages was claimed. Mcßae has been dismissed from the police force. His dismissal was announced at 1 o’clock this morning alter a conference between the Commissioner of Police, Mr. Mac Kay, the ivieaopoiitan Superintendent, Mr. _cott, and the head of the Detective Uilice. Detective Matthews. Summoned at Midnight The conference lasted . about five hours, and ri is understood Unit Mr. justice Street’s scathing comment on the behaviour of the Police Department during the divorce action was discussed. Detective Sergeant Mcßae was called from his bed to the Detective Office about midnight and informed of his dismissal. He has been prominent .a the activities of the Criminal Investigation Branch during the last 10 years. In this time, he has investigated practically every difficult murder ease and his record of successes tuns been good. His dismissal means the loss oi superannuation payments made during 2d years’ service, unless fie exercises his right of appeal and his appeal is upheld. When Detective-Sergeant Mcßae arrived at the Detective Office to hear the decision, he was dressed in a suit pulled over his pyjamas, and showed ihe effect of sleeplessness and strain. He said that the sudden end of a lifetime of active work in the police force was a staggering blow to him. lie could not say if he would appeal, but he had plans for the future. The Judge’s Comments Strong criticism of the behaviour of the Police Department in the suit was offered by Mr. Justice Street after the jury had retired to consider its verdict. His Honour was referring to the fact that the police had given McRae access to documents and allowed him to have copies made of them, but had denied the same privilege to the petitioner and the respondent, Freda Agnes Caesar. This fact, he said, had been withheld from the court, and a claim for privilege had been made by the police when the production of the documents to counsel was sought. “I think the court has been treated contemptuously,” he said. “The court expects assistance from the Police Department; it does not expect deception and obstruction. It seems to me that there has been a denial of the elementary principles of common fairness. “I am somewhat shocked. It may have been due to inadvertence; it may have been due to something else. It may have been due to inability to ' appreciate what was required as a / matter of fair dealing between the ' parties. An unfortunate position would arise if a court, when the Police Department makes a claim for protection, cannot rely with confidence on the claim, seriously and properly made, but must view it with suspicion. I view this claim for protection by the Police Department with grave suspicion.” The Premier, Mr. Mair, referring to Mr. Justice Sheet’s remarks, said he would not consider the appointment of a Royal Commission to inquire into the administration of the police force, as he did not think it necessary. He would ask the Chief Secretary, Mr. Tonking, to report on .the whole matter when he returned to the city from Orange. “I do not intend to make any further comment until the matter has been dealt with officially,” he added.