SYDNEY DIVORCE

Hokitika Guardian, 7 December 1940, Page 6

SYDNEY DIVORCE

DAMAGES OF £2OO

POLICE OFFICER TO PAY

SYDNEY, November 21

The Jury in the Caesar divorce suit yesterday found against the co-respon-dent, Dotcfcctive-sergeant Thomas Walter Mcßae, on all issues, and awarded the petitioner £2OO damages. ' Thomas Walter James Caesa.r sought a. divorce from Freda Agues Caesar on, the ground of her adultery with Mcßae, who was joined as co-respon-dent, and against whom £2,000 damages was claimed. Mcßae has been dismissed from the police force. His dismissal was announced at 1 o’clock this morning after a conference between the Commissioner of. Police, Mr Mac Kay, the Metropolitan Superintendent, Mr Scott, and the head of the Detective Office, Detective Matthews,

Summoned at Midnight

The conference lasted about five hours, and it is understood that 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 °f Ids dismissal. He has been prominent in the activities of., the Criminal Investigation Branch, •'during the last 10 years. In this time, he has investigated practically every ■ difficult murder case and his record of successes lias been good. His dismissal, means the loss of superannuation payments made during 28, years’ .service, unless he 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 the effect of sleeplessness and strain. He said that the sudden, end of a lifetime of active v'ork in the police force was a staggering blow to him. He could not say if he would, appeal but he had plans for the future.

The Judge’s Comment

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. liis honour was referring to the fact that the police had given Mcßae 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 Anges Caesar. This fact, lie 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 rap 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 master of fair dealing between the parties. An unfortunate position wouljd 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 protraction by the Police Department with grave suspicion.” The Premier, Mr Mair. referring to Mr Justice Stretch’s remarks, said he would not consider the appointment of of 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 lie returned to the city from Orange. “I do not intend to make any further comment until the matter has been dealt with officially,” lie added.