CROWN SUED

Hokitika Guardian, 19 December 1928, Page 3

CROWN SUED

FOR £2'H'o DAMAGES. EX-< ON ST A BLITS ALLEGED WRONGFUL DISMISSAL. (By Telegraph—Press Association). WELLINGTON, Dec. 18. |'lk> power of the Commissioner oi Police to dismiss from the Police l‘orcc a constable who has already been punished for a broach of the Police Regulations. was argued in the Supreme Court, before Mr Justice Ostler, when Michael Bower claimed £“2000 damages from Hie Crown for alleged wrongful dismissal from the Force.

Suppliant's case was that lie was a member of tlie .Force Irom 1011 until the present year. Ju February .last lie was charged by the Commissioner with having made improper use of property belonging to tlie New Zealand Government, contrary to tlie Police Regulations. Tn March an Inspector hold an inquiry at Greymouth into the charge, and although suppliant pleaded not -riiiHv. he was found guilty and lined Oft. Later, in the same month, he was advised that the Commissioner intended to dismiss him. unless he resigned at mice. He replied stating he had already paid the penalty: and then receive a telegram adVising him of his dismissal. The question for tlie Court was whether suppliant, having already keen fined in accordance with the provisions of the Police Force Amendment Act, his dismissal by the (om">ission<«r entitled him to claim lor

damages. Counsel for Power (Mr R. T\. Trimmer) contended that as suppliant had already been punished by the Inspector, the Commissioner had no power to dismiss him. The elfeot of his dismissal. counsel argued, was to punish Power twice for the same offence. On behalf of the Crown. Mr (’. H. Taylo'* submitted that the Commissioner led Dower to dismiss any constable whom In* considered unfit to remain in tin' Force, even if lie bad been punished in some other way, by tlie imposition of a fine. Alter the hearing of legal argument the Court reserved its decision.