FORMER POLICE OFFICER.

Manawatu Standard, Volume LIX, Issue 92, 20 March 1939, Page 9

FORMER POLICE OFFICER.

APPEAL COURT PROCEEDINGS. AYELLINGTON. Alarch IS. The Court of Appeal heard the appeal of John Henry Bovcs, one of the Public Service Commissioners, from an order of Air Justice lieed, made on October 14, granting a writ of certiorari quashing a determination made by Boyes as Public Service Commissioner at Avarua, Rarotonga, in respect of Albert Carlvon. formerly chief police officer at Rarotonga. In Alarch. 1938, Carlyon was suspended by the resident commissioner. Stephen John Smith, and charged with insubordination, and at a subsequent inquiry at Rarotonga lie was found guilty of insubordination and transferred to New Zealand. The Public Service Board of Appeal dismissed an appeal by Carlyon. The proceedings were then ventilated iu the Supreme Court, when Air Justice Reed held that a reasonable opportunity was not given to Carlyon to obtain legal advice, and that a distinct statutory right had been denied him. In the hearing to-day, Afr Currie, of the Crown Law Office, counsel for Boyes. said the main point in his case was that certiorari could only he granted if there had l>ecti an excess of jurisdiction by a. judicial officer. He contended that this had not been the case and, apart from that, in the view of authorities, certiorari could not he granted in any action against a Public Service Commissioner arising out of his duties as such. In answer lo Afr Justice Ostler, who said there did not soetn to bo very much point in the appeal. Air Currie said that however unsatisfactory the judgment of the Court below was considered to l>e. it was not intended to 1 appeal until Carlyon made large claims I for compensation.

Air W. P. Rollings, counsel for respondent, Carlyon, contended that Mr Currie’s submissions were unsound and that a writ of certiorari could l>o issued against all officers exercising judicial functions unless the right to that writ had l>een taken away by statute. In the ease before the Court there was no legislation which deprived Carlyon of his right to have the conduct of the Public Service Commissioner examined by the Supreme Court. Decision w'as reserved. 1