FIGHTING SERVICE

Gisborne Herald, Volume LXVIII, Issue 20634, 14 August 1941, Page 2

FIGHTING SERVICE

WISH OF CONSTABLE RESIGNATION DECLINED CASE HEARD IN COURT (Per Press Association.) AUCKLAND, this day. Having left the police force in order to join the overseas fighting forces, Douglas George Murray Kilgour, police constable, aged 24 years, (Mr. Sullivan) appeared on summons yesterday before Mr. F. K. Hunt, S.M., charged with resigning his office on August 2 without express authority in writing -from the Minister in Charge of the Police Department. The oiTence was denied. The charge was the first to be laid under the police force emergency regulations gazetted last March and the prosecution was conducted by Inspector Scott,-of the Auckland Central station. More than 30 members of the force were spectators in the body of the court. Inspector Scott said that the accused tendered his resignation from the force on July 2, 1941. The Commissioner of Police referred it to the Minister in Charge of the Police Department, the Hon. P. C. Webb, who refused to accept the resignation. The constable refused to return to duty, although every opportunity was given him to reconsider the matter. “He definitely declined and took up a defiant attitude,” said the inspector. “He would not listen and simply walked out.” Permission Necessary This had a serious effect on discipline. said the inspector. In the early stages of the war the department had given leave to a number of men to enable them to join the fighting forces, but in view of the large number of applications further regulations had to be made prohibiting resignations without the Minister’s permission. The department had been under strength for some time and difficulty was being experienced in performing the various duties thrown on it by the war effort. Sub-inspector Calwell said the accused joined the force in August, 1938, and was permanently appointed a year later. After the constable had been shown on August 4, 1941, a memorandum refusing his resignation he refused to note it in writing and said he was no longer a member of the force. Pie subsequently was told that if he submitted a further report asking for reconsideration it. would be forwarded. The following day he said he would not submit a further report and said he considered he was entitled to leave when his month’s notice had expired and he had not been told of the Minister’s decision. Keen To Go Overseas Mr. Sullivan said the constable was keen to go overseas early in the war when he enlisted, but he was keener now than ever. He made application to the department at that time and was then- told that he could not leave unless he resigned. He decided to wait for a time and in view of this reply finally put in his resignation on July 1, 1941. There was no reply for a month, although the matter could have been settled immediately. “I know the position concerning crime in New Zealand,” said counsel, “but able-bodied men have been retired at 65 when they could have remained in for the duration of the war.” “I am determined to carry out my intentions,” stated the accused, who said he had joined the air force and was studying for examinations. Active Men Required “It is very necessary that we should keep as many active voung men as constables as we can," said Mr. Hum. “They are much more useful in this community than in the war and they ire difficult to replace. The retirement of some of the senior men does not affect the situation, as in the city we want young and active men like the defendant. I know that many have tried to join up and the public should know that they cannot. “For disobeying instructions the defendant could be dealt with by the Police Force Act and there would be no need to bring him here, but he has been charged under new regulations. He was quite wrong in thinking that at the end of the month he was out of the force. If he had applied again and told the story he has told me they would have let him go." Mr. Hunt added that the public understand the position of the men in the police force.

There was a maximum penalty of £2O for the offence, but he would be lenient. However, this must not happen a second time.

The accused was convicted and ordered to come up for sentence in six months if called upon.