POLICE CASE

New Zealand Herald, Volume LXXVII, Issue 23850, 28 December 1940, Page 10

POLICE CASE

DISMISSED OFFICER REINSTATEMENT REFUSED STATE CABINET'S DECISION [from OUR OWN CORRKSf'ONDKNT] SYDNEY, Dec. •-!<? The State's leading homicide investigator, Detective-Sergeant. Thomas Mcliae, who was dismissed from the Police Force following the jury's finding of adultery against him in the Caesar divorce case, has lost all chance of reinstatement in the force. Mcßae was dramatically called from his bed at midnight, after the Divorce Court jury had given its verdict, to learn that his superiors had decided on his dismissal, with consequential ruinous financial results to himself. He immediately lodged an appeal with the Police Appeals Board, which took a fortnight to hear the case. It reported in favour of Meßae's reinstatement on a lower rank, but the State Cabinet rejected the board's recommendation. The board, in its hearing of the appeal, went, over the whole of the evidence of the divorce ease witnesses, and came to the conclusion that the jury was wrong in finding that McHae had used his position as a police officer in coercing .Mrs. Fred Caesar into committing adultery. Concerning these 'circumstances of aggravation," the board reported: "The board has carefully observed the demeanour of the woman who has made the charge, and it is definitely of opinion that these, allegations are entirely false. As the Minister will not have had an opportunity, as the board has had, of observing the demeanour o|' the witness, Freda Caesar, the board desires, in order to assist the Minister on this aspect of the matter, to refer to certain parts of the evidence relating to it." Tin* board then set out six points concerning the booking of a room by Mrs. ( aesar at a hotel where she and McHae were caught by the husband and inquiry agents. The board recommended: "This is a case in which adultery has been committed without surrounding circumstances of aggravation, and, therefore, the imposition of any penalty is not justified. The board considers that the appeal should be upheld, and the appellant reinstated to his former position from the date of his dismissal. Should the 'Minister consider that punishment is merited, the board strongly suggests that a penalty less than the extreme one of dismissal be imposed, in view of the previous excellent record of the appellant." The Cabinet gave no reason for its decision to reject the recommendation, although probably it arose from a. disinclination to over-ride, a jury's decision by the decision of a board comprising a .Judge, a police inspector, and a police sergeant, the last-named representing members of the force.