ALLEGED HARSH TREATMENT

Pahiatua Herald, Volume XXXVI, Issue 11024, 21 December 1928, Page 7

ALLEGED HARSH TREATMENT

DISMISSAL @F CONSTABLE. Electric Telegraph—Press Association VELUNTGON, December 18. The power of the Commissioner of Police to dismiss from the police force a constable who had already been punished for a breach of the police regulations was argued in the Supreme Court before Mr Justice Ostler. Michael Power claimed £2OOO damages from the Crown for alleged wrongful dismissal from th e force. Suppliant’s case was that he was a member of the force from 1911 until the present year In February last, he was charged ■by the commissioner with having made improper use of property belonging to the New Zeal and Government, contrary to the police regulations. In March, an inspector held ail inquiry at Greymoutli into the charge and although suppliant pleaded not guilty, h e was found guilty and fined £3. Later in the same month, he was advised the commissioner intended to dismiss him unless he resigned at once. He replied, stating that he had already paid the penalty and then received a telegram advising him of his dismissal. The question for the Court was whether suppliant, having already been fined in accordance with the provisions of the Police Force Amendment Act, his dismissal by tli e commissioner entitled him to claim for damages Counsel for Power (Mr R. K. Trimmer) contended that as suppliant had already been punished by the inspector, the commissioner had no power to dismiss him. The effect of the dismissal counsel argued, was to punish Power twice for the same offence On behalf of the Crown, Mr C. H. Taylor submitted the commissioner had power to dismiss any constable whom he considered unfit to remain in th e force, even if lie had been punished in some other way by the imposition of a fine After hearing legal argument, the Court reserved its decision.