EX-POLICE COMMISSIONER DINNIE.

West Coast Times, 24 November 1915, Page 2

EX-POLICE COMMISSIONER DINNIE.

ALLIWED WKONGFCL I>fSMIFS-AJ. CI.ADIS DAMAGES FROM THE CKOWX. [Pee Peers Association. —Corniest.] WELLINGTON. Nov. IC. ’ll"' Chief Justice to-day heard a CHS* in which Walter Dinnie, ex-Oom-missioner oi Police in New Zealand, sued the Crown for £ool damages for wrongful dismissal. Mr E. G. Jellicoe ap|>eared for the plaintiff and the Rn-lieitor-General (Mr .1. W. Edmond) for the Crown. Plaintiff's ease was that on March 11th, 190.'5, when he was employed as Chief Inspector of the Criminal Investigation Department in 'England, he entered the service of (ho New Zealand Government ns Comims. sinner of Police. In December, 190!). when he was a member contributing to the Public Service Superannuation I'oud, the Government decided to make certain changes in the Police Force which involved his retirement, and he was offered the position of Inspector of Prisons by way of promotion. While that oiler was under consideration, the Attorney-General (in consequence of the inspectorship having been already promised by Hie Prime Minister) withdrew his offer, and plaintiff was granled six months' leave of absence on full pay. and relinquished the office of Commissioner. In 19)0, on the representations of I lie Seeretn i y of Hie Public Service Superannuation Hoard, plaintiff applied for and obtained payment of £!):{ 18s (Id, the irnonnt he had contributed to the -Superannuation Fund. He contended that the refund was applied for and made under a mistake. Subsequently it was arranged between plaintiff and the Native Department that, the amount should he refunded, hut in June. 19M. Hie Government refused to permit the arrangement to he earned into effect. On June .’(Olli. 1910, the Native Minister transferred him from the Justice Department to the Native Department, and appointed him president of the Tokeran District Maori Land Hoard. On March JOth. 1914. the Government notilnsl him that in consequence of recent legislation. another person had bieu appointed to the position of president of tic Tokeran M aori l/md Board, and on April 2 lilt, 1914, he was informed by the Government that he had been retired. He contended that he had been retired without notice, and for nu reasonable or probable cause wbulever, and that he had thereby been deprived of bis rights under the Superannuation Act. In the course of his opening remarks. Mi . Jellicoe said that bm for the conduct of the Crown Mr. Dinnie would, unless his appointment was regularly determined, have remained in the Public Service until he was fin. The ease raised questions of great importance to the Public Service.

Mr. Dinnie gave evidence in support of the application, and Mr, Kalmond tlioti raised a legal point tliat there was a Wreak in supplicant's service la-tween the time he resigned the Commissioner, ship and the time he joined the Native Department. The latter appointment did not constitute a transfer. Tlie court reserved judgment. ]>l A ] NT! FF N< ITBI). WFXI.IN'HTON, November 22. The Chief Justice delivered judgment in a ease wherein Walter Dinnio. ex-f ommissjoner of Police in New Zealand, sued the Crown for • fifjOO damages tor alleged wrongful dismissal. His Honour said that he was of the opinon that during the six months between Mr. Dinnie's resignation of the t Vuntnissiinersliip amt uppointnienl to the position in the Native Department be held no office under the Crown Jlv receiving the amount that he had paid into the Superannuation Fund he acted as if hi< office had ceased. ‘-It mav fa- hiat he had been treated barsldy.” concluded Ilis Honour. “Into that question ] have no jurisdietiin to inquire." Mr. Dinnie was non-suited, eotts being allowed on the lowest scale.