EAGER TO SERVE

Otago Daily Times, Issue 24685, 14 August 1941, Page 8

EAGER TO SERVE

POLICE CONSTABLE’S ACTION BREACH OF REGULATIONS UNAUTHORISED RESIGNATION (P.A.) AUCKLAND, Aug. 13. Having left the Police Force in order to join the overseas fighting forces. Douglas George Murray Kjlgour a police constable, aged 24 (Mr Sullivan), appeared on summons before Mr F. K. Hunt, S.M.. in the Police Court to-day. charged with resigning his office on August 2 without express authority in writing from the Minister in Charge of the Police Department. The offence was denied. The charge was the first to be laid under the Police Force Emergency Regulations gazetted last March, and the prosecution was conducted by Inspector Scott, of the Auckland Central Station. More than 30 members of the force were spectators in the body of the court. Inspector Scott said the defendant had tendered his resignation from the force on July 2, 1941. The Commissioner of Police had referred it to the Minister in Charge of the Police Department, Mr P. C, Webb, who refused to accept the resignation. The constable refused to return ,to duty, although every opportunity was given him to reconsider the matter. Police Force Under Strength

“He definitely declined and took up a defiant attitude,” the inspector said. “He would not listen, and simply walked out." This had had a serious effect on discipline. In the early stages of the war the department had given leave to a number of men to enable them to join the fighting forces, but in view of the large number of applications farther regulations had to be made, prohibiting resignations without the Minister’s permission. “The department h?s been under strength for some time.” Inspector Scott .continued, “and difficulty is being experienced in performing the various duties thrown on us by the war effort.”

Sub-inspector Calwell said the accused joined the force in August, 1938. and was permanently appointed a year later. After the constable had been shown on August 4, 1941, the memorandum refusing his resignation, he refused to note it in - writing and said he was no longer a member of the force. He subsequently was told that if he submitted a further report asking for reconsideration it would be forwarded. The following day he said he would not submit a further report and said he considered he was entitled to leave when his month’s notice had'expired, and he had not been' told the Minister’s decision. Keen to Go Overseas

Mr Sullivan said the constable was' keen to go overseas early in the war when he enlisted, but he was keener now than ever. He made application to the department at that time and was then told that he could not leave unless he; resigned. He decided to wait for a time, and in view of this reply finally put in his resignation on July 2, 1941, There was no reply for a month, although the matter could have been settled immediately.

“I know the position concerning crime in New Zealand,” counsel said, “but able-bodied men have been retired at 65 when they could have remained in for the duration of the war.” "I am determined to carry out my intentions,” stated the accused, who said he had joined the Air Force and was -studying- for- examinations. “ It is very necessary that we should keep as many active young men as constables as we can,” Mr Hunt said. “ They are much" more useful in this community than in the war, and they are difficult to replace. The retirement of some of the senior men does' not. affect the situation, as in a city we want young and active men like the defendant. I know that many have tried to join up, and the public should know that they cannot. Lenient Treatment '!■

“For disobeying instructions the defendant could be dealt with by the Police Force Act, and there would be no need to bring him here, but he has been charged under the new regulations. He acted quite wrongly in thinking that at the end of a month he was out of the force. If he had applied again and told the story he has told nv* they would have let him go.” Mr Hunt added that the public should understand the position of men in the Police Force. There was a maximum penalty of £2O for the offence, but he would be lenient. This must not happen a second time, however. The accused was convicted and ordered to come up for sentence in six months if called upon.