POLICE INQUIRY

Gisborne Herald, Volume LXXV, Issue 22619, 23 April 1948, Page 6

POLICE INQUIRY

CASE AT RUATORIA APPEAL PROCEDURE An interesting question arises out of the appeal lodged in the Ruatoria police case referred to in Wednesday's issue. The provisions of the Police Force Act relating to this particular class of inquiry are as follow: Section 21. clause 2, reads: “Where a sergeant is charged with misconduct or neglect of duty, and he denies the charge, the following provisions shall apply:— “(a) The Commissioner shall, by writing under his hand, direct any Superintendent or Inspector to inquire as to the truth of the charge and to report his finding to the Commissioner: “(b) If the Superintendent or Inspector reports to the Commissioner that the charge has been proved, the Commissioner may—(i) Recommend to the Minister the dismissal of the offender or his reduction in rank, or his reduction in seniority and pay; or (ii) Impose a fine not exceeding five pounds:

“(c) On any recommendation under the last preceding paragraph the Minister may dismiss the offender from the Force, or reduce his rank Or his seniority and pay, or instruct the Commissioner to fine the offender an amount not exceeding five pounds, in which case the Commissioner shall impose the fine accordingly. In the exercise of the powers conferred by this paragraph the Minister shall not be bound by the terms of the Commissioner's recommendation, save that he shall not in any case inflict a penalty more severe than that recommended by the Commissioner.”

The provisions of the Act relating to appeals are as follow: Section 23, clause 1, reads: “Every member of the Force into whose conduct any inquiry under section twenty-one hereof has been held and who is dissatisfied with the result of the inquiry or the penalty imposed may.appeal therefrom to a Board of Appeal constituted in manner hereinafter appearing.” In the present case, states Mr. L. T. Burnard, who appeared in the inquity on behalf of the sergeant concerned, the view of the defence as expressed at Ruatoria is that the right of appeal has not yet actually arisen, for the result of the inquiry or the penalty to be imposed are unknown: that the "section provides for the report of the find ing to be sent to the Commissioner; and that until either the Commissioner exercises his limited powers, or the Minister takes some action to which the defendant objects, there is nothing to appeal against. As, however, a pronouncement was made an appeal has been lodged by way of precaution to protect the position in the event of a court holding against the construction contended for by the defence.