INSUBORDINATION CHARGE

Press, Volume LXXIV, Issue 22520, 30 September 1938, Page 18

INSUBORDINATION CHARGE

OFFICER REMOVEff FROM POST f

CHIEF OF POLICE I| COOK ISLANDS ',?

MOTION TO HAVE VEHIHCT QUASHED _■'

(FRES3 AS3OCIATIOS TEX-EGSASU.)

WELLINGTON, September! 29.

The removal from his post as "chief police officer at the Cook Islands of Albert Carlyon, now of Pahiatua, after the upholding of a charge of, insubordination laid "against him by Stephen John Smith, then Resident Cdmmisgioner of the Cook Islands Administration, and Acting-Chief Judge in the absence of Judge H. F. Ayson, was the basis of a motion brought in the Supreme Court before Mr Justice Reed to have the determination of the inquiring Public Service Commissioner, John Henry Boyes, quashed. The charge arose tram the action of the police officer in entering- the commissioner's office under a search warrant and seizing papers relating to a pending Court case. An inquiry into the conduct of Carlyon was conducted by the defendant at Ayarua, Rarotonga. on April 25 and 26, 1938, and on April 27 the charge was found to be sustained. One week's salary was ordered to be deducted by way of penalty, and the plaintiff was ordered to be transferred from the Cook' Islands to New Zealand by the .first available vessel to report for duty to* the Comtaissioncr of Police. The quashing of the decision of the feaquiry was sought on the ground that the determination of the defendant wag cssds without jurisdiction, because tbe p&mintiS was not subject to the provlßiocd of .tlie Public Service Act, 1113, and tbat he was' refused his statutory right to be represented by counsel at the inquiry....... - The statement of claim set out that the plaintiff had been a police constable since" October 18, 1926, and from December 24, 1935, acted as chief police officer-at Rarotbnga.* Oh> March 29, 1938. he was charged with two acts bf insubordination by S.- J f Smith, pvrporting!to*act under sectibn-11 -of the Public Service Amendment Act, 1927. the "charge.'"

Counsel's Submissions

Mr A. £. Currie, who appeared-fox the Public- Service Commissioner, submitted that plaintiff's motion for a certiorari could not succeed against ifepe Public ServiceCCommissionerr r in respect of a decision -by him under section 11 of the Public" Service Amendment -Act, 1927, which brought public in the Cook Islands under 'the Public Service. Commissioner.; ."Mr Currie also submitted that the motion'could not succeed because it wasfaqjate, effect having been given to- the. decision.' The commissioner had ac&d within his jurisdictiop in holding the inquiry. There had been no excess of' jurisdiction in declining- any application which plaintiff 'might have made for an adjournment. -"It is on record that Smith prejudged the case, and alsq that he interviewed the litigant beforehand,? said Mr Currie.""lt* is only fair,to, this man, who - is hot present, that I should say, very briefly,' that there is ! another side to that. Sworn, evidence ' in; the inquiry indicates .that a, .native had coxue to Smith "'to'consult*' him in hj? capacity of commissioner ana without indicating that legal proceedings were pending- The notes said to have been-;a prejudging of the case •hire memoranda,to,be,-used in addressing the'assessors, should, the'case take a certain "turn. - That.put a different complexion' on, the'caie." His Honour had saidsomething about the climate, and that, combined with the small number of pakehas, might - have had something to *do with the plaintiff's action in.the;.proceedings. l .He bad heen treated in a kindly manner. He "had a good record '* in the Police Force."and had Been carefully selected for the position in Rarotonga: ■ After hearing., legal argument throughout-the. day, his Honour reserved decision: "