POLICEMEN CANNOT GO TO WAR

Wanganui Chronicle, Volume 85, Issue 190, 14 August 1941, Page 6

POLICEMEN CANNOT GO TO WAR

HIS FORCE COMES FIRST RULING OF AUCKLAND MAGISTRATE CONSTABLE IS PROSECUTED FOR RESIGNING WITHOUT PERMISSION (Press Assn.) Auckland, Aug. 13. Having left the Police Force in order to join the overseas fighting forces, Douglas George Murray Kilgour, police constable, aged 24 (Mr. Sullivan) appeared on summons before Mr. F. K. Hunt, S.M., 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 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 accused tendered his resignation from the force on July 2, 1941. The Commissioner of Police referred it to the Minister in Charge of the Police Department, Mr. Webb, who refused to accept the resignation. The constable refused to return to duty, although every opportunity was given him to reconsider the matter.

“He definitely declined and took up a defiant attitude,” said the inspector. “He would not listen and simply walked out. This 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, further regulations had to be made prohibiting resignations without the Minister’s permission. The department has been under strength for some time. 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. a memorandum refusing his resignation, he refused to note it in writing and sai l 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 b A 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. 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 i reply, finally put in his resignation on ' July 1. 1941. There was no reply for i a month, although the matter could I have been settled immediately.

“I know the position concerning crime in New Zealand.” said counsel, “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.” said Mr. F. K. Hunt S.M. “They are much more useful in this community than in th? war. and they are difficult to replace. The retirement, of some of the senior men does not affect the situation as, in the 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.

“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 at the end of a month he was out of the force. If he had applied again and told the story he has told me they would have let him go.’’

Mr Hunt added that the public should understand the position of the men in the police force. There was a. maximum penalty of £2O for an offence, but he would be lenient. However. this must not happen a second time.

The accused was convicted and ordered to come up for sentence in six months, if called upon.