Police Claim For Injunction Now Unnecessary

Chronicle (Levin), 10 August 1949, Page 5

Police Claim For Injunction Now Unnecessary

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WELLINGTON, Aug. 10. The perpetual injunction sought by members of the Police Force to restrain the Commissioner of Police, Mr. James Gummings, from ' advancing a detective four years in seniorLy and pay was stated by counsel for the plaintiffs, Mr. J. Meltzer, to be ni longer necessary when the hearing opened before Mr. Justice Hutchison in the Supreme Court today. ! William George Bennett, of Auekland, and 26 other members of the ! Police Force throughout New Zealand, alleged that on June 15 a notice had been pub ished in the Poiice Gazette stating that Senipr Detective William Raymond Fell, of Auckland, had been granted four years' seniority wi.h pay,. datine to October, 1944, for his special apti'tudes and eonsistent zeal in the performance of his duties, and . particularly for his outstanding work in connection with the murder of Mrs. G. R. Rusden. It was alleged that the defendant Commissioner had no jurisdiction under the regulations to make the award and that the p aintifis, all of whom were senior to Senior Detective Fell, would suffer loss through retarded promo.ion. The injunction was claimed to restore the seniority list to its c'ondition prior to the notice in ihe Gazette and to restrain the advancement in seniority of Senior Detective Fell.-' When the proceedings opened today, Mr. Meltzer was given leave to read a leHer from Mr. J. M. Tudhope, Crown So.icitor, to plaintiffs. lo stated that the claim to the injunction had been considered and the eonclusion reached that the present regulations did not authorise the advancement in seniority adopted in recognition of the merits of Senior Detective Fell. Although the announcement had been made in the Police Gazette, said the letter, no corresponding alteratron had been made to. the seniority list itself. Any claim that the regulations authorised such an advancement was withdrawn and Senior Detective Fell's position on the seniority list remained as it was before the decision was announced in the Po'ice Gazette. "The effect is that what was asked for has been acknowledged by defendant in the letter," said Mr. Meltzer. "We accept the letter as a satisfactory undertaking and do not ask for any order. Defendant has agreed to pay the costs." His Honour s.ruck out the appliciation upon an assurance by the Solicitor-General, Mr. H. E. Evans, K.C., who appeared for defendant, that the position was as outliner' by Mr. Meltzer.