CONSTABLE SUCCEEDS

Otago Daily Times, Issue 23631, 15 October 1938, Page 14

CONSTABLE SUCCEEDS

APPLICATION FOR WRIT SEQUEL TO CONVICTION FOR INSUBORDINATION (Per United Press Association» WELLINGTON, Oct. 14. In a reserved judgment to-day, Mr Justice Reed upheld the application of Albert Carlyon, a police constable, of Pahiatua, for a writ of certiorari against John Henry Boyes, one of the Public Service Commissioners. “ I am not satisfied that no benefit would result from the writ,” said his Honor in the conclusion of his judgment. “At least it would have the effect of expunging from his record a conviction of insubordination, a serious matter to a man who is back again in his position as a police constable. I think, therefore, ij. view of the fact that reasonable opportunity to obtain legal advice was refused to the plaintiff and that a distinct statutory right was denied him, the vrit should issue. If the question were one of balance, I do not think it would be irrelevant • take into consideration the fact that com jliant to the advocacy of the defendant a right of appeal was denied to him. There will be an order that a writ of certiorari do issue, addressed to the defendant, with the consequential results as prayed. The plaintiff is entitled to costs, which will be allowed at £ 15 15s, and disbursements.”