PUNISHED TWICE

Northern Advocate, 20 December 1928, Page 8

PUNISHED TWICE

CLAIM AGAINST CROWN.

EX- CONSTABLE SUES FOR DAMAGES.

INTERESTING POINT INVOLVED

(Per Press Association.---Copyright.)

WELLINGTON, This Day.

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 argued in the Supreme Court before Mr Justice Ostler, when Michael Power, of Whaugaroi, claimed £2OOOO damages from the Crown for alleged wrongful dismisssal from the force.

Suppliant’s case was that he was a member of the force from 1911 until the present year. In February last he Avas charged by the Commissioner Avi'th having made improper use of property belonging to the Now Zealand Government, contrary to Police Regulations. In March, an inspector held an inquiry at Greymouth into the charge, and although suppliant pleaded not guilty, he AA r as found guilty and fined £3. Later in the same month he Avas advised that the Commissioner intended to dismiss him unless he resigned at once. He replied stating chat bo had already paid the penalty and then received <a telegram advising him of his dismissal. The question for the court was AA'hethor suppliant 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 for Power contended that as suppliant had already been punished by an inspector, the Commissioner had no power to 'dismiss him. The effect of the dismissal, counsel argued, was to punish Power (twice for' the same offence. On behalf of the Crown it w\as submitted that the Commissioner had power to dismiss any constable whom he considered unfit to remain in the force, even if ho had been punished in some other way by the imposition of a fine.

After hearing legal argument, the Court reserved its decision.