A ROYAL COMMISSION

NZ Truth, Issue 605, 20 January 1917, Page 6

A ROYAL COMMISSION

What About the Report? Concerning Constable Maloney Is He Going to Get Justice? On August 9 last, a Royal Commission (-which -was fully reported m "Truth" at the time), -was held ,m Greymouth, concerning the dismissal of Constable Maloney from the 'police force. / After sitting a couple of days, the Commission.^ith Magistrate H. W. Bishop, as chairman, reserved his decision, and about a month later, - REPORTED AS FOLLOWS: "After hearing the evidence, we are of opinion that the said Peter Maloney was not guilty of the charge so alleged against him. The only presumption of guilt on his part was contained m the fact that during the Departmental inquiry before Inspector Phair, Maloney refused to submit to the jurisdiction of that tribunal or to take any steps to establish his innocence, because he considered — quite wrongly, m our opinion — that Inspector Phair was. biased against him, and on that account he demanded another tribunal to try him, and went so far as to deliberately suppress evidence that, if produced there and then, would have completely established his innocence of the charge against him.t This conduct was highly reprehensible, and, besides, has been the cause of great trouble and misunderstanding to all concerned." . The case was' about the first New Zealand instance of a police' constable \ exercising 'the right to have a' departmental judgment inquired into, by a Royal Commission^Jid as it happened, | the Commission Wund Maloney not guilty of a •serious charge which was said to. have, been sustained at the Departmental investigation, and which resulted m. the unfortunate constable being dismissed from the, force. The natural conclusion would be that as the outcome of the Commission j reversing the decision which led to Maloney's dismissal, the constable would have been reinstated and that the black mark previously placed against his name would have^been removed. "Truth," however, on reliable authority that ex-constab'.c Maloney is m the. same position since he was proved not guilty, as he was when the Departmental decision stood. Five months have elapsed since Maloney's innocence v/as established, and his dismissal shown to be unjust, but he is still forced to battle along. ■■ ' ' It is not known whether ex-constable Maloney has sickened of endenvoring by constitutional methods to COMPLETELY ESTABLISH HIS / INNOCENCE ' and gain reinstatement, or at least some solatium for the injury done towards him, but it seems to "Truth" that lie has been Very badly treated, and he is entitled to consideration. Besides, it is duo to the public that a satisfactory settlement of the matter should be effected. The Roynl Com-' mission was set up at considerable expense to the country, witnesses being: brought to. Greymouth from ns far

south as Invercargill. It is obvious then that its deliberations were not intended to be of a farcical and resultisss nature, but that 'its function was to mete out what is called British justice to a man who complained about having been wrongly convicted and dismissed from Government service Dismissal probably meant just as much as the conviction to Constable Maloney, who had sacrificed eleven of the best years of his life m the force and who, also was compelled by dismissal, to' forfeit his superannuation. After a lapse of nearly a year, however, he was proved to be innocent of what was alleged against him, and, incidentally, underselling of dismissal. It would appear that the unwritten order of an expensive commission, which upheld the man's innocence, would be that he should be reinstated or compensated, otherwise, the Commission was nothing less than a farce, and its inquisition was of no value whatever as a medium of justice. The public, however, were

REQUIRED TO FOOT THE BILL for the little outing, and it is up to the public to be convinced that the effect of the expense was something more than the humbug which at present seems to be the case.

Another matter- m connection with the Maloney case which calls for a clearing up, concerns the accuracy or otherwise, of a rumor to the effect that after the Royal Commission's report was issued, a police authority m Wellington wrote to at least two of the commission's members, asking their private opinion of ex- Constable Maloney. If this is true and the unfortunate expoliceman has been barred from reinstatement on account of private opinion, which he was given no chance of answering, the whole matter is rendered the more peculiar and calls louder than ever for adjustment.