PARK SHOOTING

New Zealand Herald, Volume LXXIII, Issue 22470, 14 July 1936, Page 15

PARK SHOOTING

POLICE OFFICER INQUIRY IN MELBOURNE FINDING BY JUDGE REPUTATION OF THE FORCE [from our own conuksponimcnt] MELBOURNE, July 8 The complete exoneration of Superintendent J. O'C. Brophy, chief of the Criminal .Investigation branch ol' the Victorian Police, was the main feature of the report of the Hoyal Commissioner, -Mr. Justice Macindoe, who investigated the shooting of the superintendent at Hoyal Park on the night of .May 22. The report on. the whole was favourable to the police, and, although criticism was made of part of the evidence of the Chief Commissioner of Police, Sir Thomas Blarney, Mr. Justice Macindoo tempered that criticism by remarking that the whole truth of the incident had not been told because Sir Thomas Blarney was "jealous of the reputation of the force." Nevertheless, a variety of other issues raised by the Judge's report will probably demand Cabinet action. Among other things, Mr. Ju.vticc Macindoo's ioport stated: —"A iincl that on the night of May 22 Superintendent Brophy went to Royal Park to meet an informer, who had said he had information which would be of use in assisting the police to investigate the activities of certain criminals. Superintendent Brophy engaged the car of a Mrs. Onto take liini to the appointed place, and by a series of fortuitous circumstances he was accompanied by Mrs. Orr, a Mrs. Phillips and Mrs. Orr'a chauffeur. Shot in Three Places "While awaiting the arrival of the informer two men came to the car in which Superintendent Brophy and his companions were seated. Both these men were armed and masked and attempted to hold-up the occupants of the car. Superintendent Brophy drew his own pistol and fired two shots. The masked men returned his fire, and iu the course of the shooting Superintendent lirophy was shot in three places. His right arm was fractured, and he received a bullet wound in the cheek and an abrasion above the heart. The two bandits fired at and punctured one of the tyres of the motor-car and then drove off Superintendent Brophy's chauffeur proceeded to follow, but, finding the tyre was punctured, was forced to stop. Superintendent Brophy was taken to St. Vincent's Hospital by a Mr. Millard. . . .

"A suggestion was inndo that Superintendent Brophy had been guilty of scandalous conduct, and that it was possible that an enraged husband might have been responsible for the shooting. It was further suggested that ho was guilty of improper conduct in taking female companions with him to such an appointment. Nothing Improper in Conduct "The evidence shows that Mrs. Orr is a widow and a friend of Superintendent Brophy and his wife and daughter for many years. Mrs. Orr is the licensee and occupier of a hotel iu Russell Stieet and the owner of the car which was usod on the night of May 22. Mrs. Phillips is a very close friend of Alru. 0;:r, a married woman, living on good terms with her husband and also a iriend of Superintendent Brophy and his family. The other occupant of tlie car, 0110 Maher, is Mrs Orr's chauffeur and barman. Mr. Phillips Was called as a witness, deposed to his relations with his wife, and no suggestion was made to him by anyone that he was in any way enraged. "No suggestion was made against the moral character of Mrs. Orr, Mrs. Phillips, Maher or Superintendent Brophy; and I find it impossible to believe that Superintendent Brophy would take any woman with two other people to Royal Park to engage in any iinmoial or improper conduct, while there appeared to be no obstacle to his making use of Mrs. Orr's hotel if he so desired. 1 do not believe that there was anything improper in Superintendent Brophy taking the women with him to meet an informer. The women would not bo exposed to any danger from th« informer, who was obviously friendly. Iu all the circumstances, I find that thert> was nothing immoral or improper i» Superintent'c'nt Brophy's conduct." Commissioner's Evidence After discussing in some detail the condition of Superintendent Brophy after his admittance to hospital, Mr. Justice Macimbe said that condition was responsible for the varying statements which the superintendent made on the night of the shooting. "I believe," the report added, "that his telling Detective Boulton it was an accident was prompted by the belief that if ho said ho was held up he would have to disclose the fact that women were with him in the car, and that such a disclosure, no matter how innocent it was in fact, would lay these women open to scandalous comment." Dealing with the evidence of Sir Thomas Blarney, the Judge said: "Sir Thomas Blarney says Superintendent Brophy told him he had met with an accident, and there were two ladies with him at the time, whoso names he gave; and Sir Thomas Blaniey says ho believed it was an accident. Having regard to the fact that Kir Thomas Blamev know the number and tho nature of the wounds, I cannot accept his evidence that he believed it was an accident. I am forced to tho conclusion that Sir Thomas Blarney was told the truth, and, being jealous of tho reputation of the force which ho commands, ho thought that reputation might be endangered if the whole truth was disclosed. That being so. I believe that Sir Thomas Blarney told Inspector MeKerral the truth but told him to announce to the press that. Superintendent Blarney had met with an accident." False Announcement The second half of the report is devoted to an examination of the conflict between police and nowsnaner witnesses regarding the release of information of the shooting. The Judge found that the first announcement that Superintendent Brophy had met with an accident was admittedly false, and that a sentence was written into the press report after the reporters had •seen it.

The Judge further found that, as soon as Superintendent lirophy had described what had actually occurred to him, Sir Thomas Blarney and the offieers noting under him took the necessary steps to investigate fully the crime and to apprehend the persons responsible for the shooting, although their methods might not. have appeared to he as effective as those suggested by laymen.