DISMISSAL OF CONSTABLE.

Hawera Star, Volume XLVIII, 19 December 1928, Page 6

DISMISSAL OF CONSTABLE.

CLAIM FOR DAMAGES MADE. , iricgrhpa IrTcas* ABOOOIttXIUH.J WELLINGTON, Dec. 18. The- power of the Commissioner of Police to dismiss from the police force a' constable who had already been punished for a breach of the police regulations was ai'gued in the Supreme Court befox-e Mr. Justice Ostler to-day, wjien Michael Power claimed £2OOO damages from the Crown, for allegedly wrongful dismissal from the force. Decision was reserved. . . •, Power was a member of the force from 1911 until the present year. In February; last lie was charged by the Commissioner with having made improper use of property belonging to the New Zealand Government, contrary to the police regulations. In March an inspector held an inquiry at Greymouth into the charge, and although Power pleaded not guilty he was found -guilty and fined £3. Later in the same month he was advised that the Commissioner intended to dismisse him unless he resigned at once. He replied, stating he had already paid the penalty. He then received a telegram advising him of his dismissal.

The question for the court- was whether Power, having already _ been fined in accordance with the provisions of the Police Force Amendment Act, his dismissal by the Commissioner entitled him to claim for damages.

Counsel contended that as Power had ali’eadv been punished hv the inspector the Commissioner had no power to dismiss him. The effect of dismissal, counsel argued, was to punish Power twice for the same offence.

On behalf of the Crown it was submitted that the Commissioner had power to dismiss any constable whom he considered unfit to remain in the force, even if he had been punished' in some other way by the imposition of a fine.

After hearing legal argument the judge reserved his decision.