DESIRE TO ENLIST

New Zealand Herald, Volume 78, Issue 24049, 21 August 1941, Page 8

DESIRE TO ENLIST

CONSTABLE'S EIGHTS SEQUEL TO RESIGNATION CASE FOR SUPREME COURT An aspect of the case of Constable D. G. M. Kilgour, who recently resigned from the force with a view to enlisting for service overseas, will be argued in the Supreme Court next Wednesday. Constable Kilgour, for whom Mr. J. J. Sullivan is acting, was charged in the Police Court last week with resigning from the Police Force without the permission of the Minister in charge of Police. He was convicted by Mr. F. K. Hunt, S.M., and ordered to come up for sentence when called on within six months. Shortly after his conviction Constable Kilgour was summoned to appear to-day before the Superintendent of Police to answer a charge under the regulations that while a policeman, on August 13, he was convicted of an offence. Constable Kilgour contended in Court that as the resignation of which he had given notice took effect on August 2 he was no longer a member of the. Police Force on August 13, and the Police Department had no jurisdiction over him. The constable yesterday made application to Mr. Justice Fair for a writ of prohibition forbidding the Police Department to bring him before it on the ground that it had no jurisdiction. His Honor granted the rule nisi, and directed the Police Department to be represented at the Supreme Court next Wednesday, when the question will be determined whether Kilgour actually left the force on August 2.