ALREADY PUNISHED

Evening Star, Issue 20053, 19 December 1928, Page 17

ALREADY PUNISHED

CONSTABLE'S APPEAL AGAINST DISMISSAL [Per United Press Association.] WELLINGTON, December 18. ■ The power of the Commissioner of ■Police to dismiss from : the Police Force .a constable who .lias already been punished for -a breach of the police regulations was argued in the Supreme Court before Mr Justice Ostler. Michael Power .claimed £2,000 as damages from the Crown for alleged ■ wrongful dismissal frOirr' the force. Suppliant’s case was that he was a memf ber 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 Zealand Government, contrary to the police regulations. In March an inspector held an inquiry at Greymouth into the charge, and, although suppliant pleaded not guilty, he was found guilty and fined £3. In the same month he was advised that the. Commissioner intended to dismiss him unloss 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 the Commissioner entitled him to claim for damages. Counsel for Power (Mr R. K. Trimmer), contended that as suppliant had already been punished by an inspector, the Commissioner had no power to dismiss him. The effect of _ dismissal, counsel argued, was to punish Power twice for the same offence. On behalf of the Crown, Mr C H. Taylor submitted that the Commissioner had power to 'dismiss any constable whom he considered unfit to remain in the force, even, if he had been punished in some other way by the imposition of a fine. After hearing legal _ argument, Hie court reserved its decision.