POLICE METHODS

New Zealand Herald, Volume LXXIII, Issue 22596, 8 December 1936, Page 6

POLICE METHODS

BETTING CONVICTIONS NEW SOUTH WALES INQUIRY FINDING BY COMMISSION 13 OFFICERS DISMISSED [from OtTR OWN" CORRESPOND SYDNEY, Dec. 3 The New South Wales police force had a second severe blow within n few weeks when Judge Markell, sitting; as a Royal Commission, delivered his report on allegations against police in startingprice betting actions. He found 13 guilty and criticised nine others. The Government immediately ordered the suspension of the whole 22, and the 13 guilty officers were dismissed the next day The inquiry, Judge Markell said, revealed a state of things which was exceedingly serious and which must have a very disturbing effect on the mind of the community.

These drastic findings and words followed closely on the award of £3OO damages against three policemen for wrongful arrest, imprisonment and assault. The two happenings have brought the force to a position which it has not been in for many years. While nearly all the charges which Judge Markell investigated referred to incidents which took place before the present Commissioner of Police, Mr. Mackay, was appointed, this official will face a difficult task when he returns to Sydney shortly from a tour abroad. False Evidence As a result of his inquiry into 27 cases, Judge Markell found two sergeants and eight constables guilty of ''framing ' and giving false evidence; one constable guilty of wrongfully inducing an accused person to plead guilty; two constables guilty of giving false evidence before the Judge; one sergeant guilty of wrongful entry of private premises; and three police agents guilty of false evidence. In addition to the police found guilty of charges, the Judge adversely commented upon the conduct of live sergeants and four constables. The Judge also found that 15 members of the public had' been wrongly convicted. In these cases, the Cabinet has requested the Minister of Justice to take immediate steps under the appropriate provision of the Crimes Act for the purpose of setting in motion processes for the annulling of the convictions. Amending Legislation

The report of the Royal Commissioner has been referred to the Crown Solicitor for thorough perusal and any other appropriate action so far as other recommendations of the Judge are concerned. These and other questions involving policy will receive further consideration by the Cabinet at an early date. The three members of the Legislative Assembly, Messrs. Ness, Sanders and Lazzarini, who made the charges in Parliament which led to the appointment of the Royal Commission, said the report by Judge Markell indicated that their action was justified. Apart from his findings on specific charges against the police, Judge Markell recommended amendments to the Gaming and Betting Act designed to prevent a repetition of what he described as the present unsatisfactory state of things. These recommendations, which will be considered by the Cabinet when the promised amending bill is being drafted, include: — Practices Not General That the minimum amount of penalty for breaches of the Act be left to the discretion of magistrates, as is done in the Totalisator Act; that dissemination of racing information by telephone or broadcasting in hotels be prevented; that, where possible, the police should proceed by way of summons ; that the police should not at any time enter the homes of private citizens in connection with the suppression of starting-price betting until a warrant for search has been obtained; that police agents should never be employed in the suppression of illegal betting; and that the police should always "check their information with regard to convicted persons when reporting on them, and should state the source of their information.

Judge Markell included the saving remark that there appeared no reason to believe that the irregular practices were general. "The evidence of Commissioner Mackay and Sergeant Keefe," he added, "shows that every endeavour has.* been made to ensure that the law is properly enforced with a due regard to the rights of private citizens. According to Mr. Mackay, 75 per cent of the populace see nothing wrong in startingprice' betting. Inspector Russell thinks this figure is too low. The result is that police, so far from getting assistance from the public, meet with hostility or, at the best, passive resistance. Community's Attitude "Though illegal betting is heavily punishable by law," the Judge stated, "it carries no disgrace in the minds of the general community. In these circumstances, perhaps, the conscience of certain members of the police engaged in this duty has been blunted, and, acting upon the principle that the end justifies the means, they have failed to appreciate the seriousness of interfering in an unwarranted manner with the liberties of the individual, or even of telling falsehoods in order to procure the conviction of persons who, they feel, are guilty of an offence to which no moral stigma attaches. "Though all these matters must be borne in mind in looking at the position as a whole, nevertheless the fact remains that members of the public have been convicted upon perjured evidence and that certain police officers have been shown to be guilty of conduct unworthy of the trust that is placed in them by the community."