CARLYON CASE

Wairarapa Times-Age, 18 March 1939, Page 5

CARLYON CASE

PpQGEpDINQS IN APPEAL

COURT.DECISION RESERVED. (By Telegraph—Press Association.) WELLINGTON, March 17. The Court .of Appeal today heard the appeal of John Henry Boyes,’ one of the Public Service Commissioners, from an order Mr Justice Reed made on October 14 last year granting a writ of certiprari quashing a deter-; mination made by Boyes as Public Service Commissioner at Avarua, Rarotonga, in respect of Albert Carlyon, formerly Chief Police Officer at Rarotonga. In March, 1938, Carlyon was suspended by the Resident Commissioner, Stephen John Smith, and charged witp insubordination, and at a subsequent inquiry at Rarotonga was found guilty of insubordination and transferred to New Zealand. The Public ServiceBoard of Appeal dismissed an appeal by Carlyon. Proceedings were then taken in the Supreme Court, when Mr Justice Reed held that a reasonable opportunity was not given to Carlyon to obtain legal advice and that a distinct statutory right had been denied him.

For the hearing today, Mr Currie, of the Crown Law Office, counsel for Boyes, said the main point of his case was that a certiorari could only be granted if there had been excess of jurisdiction by a judicial officer. He contended that this had not been the case and that, apart from that, in the view of the authorities a writ of certiorari could not be granted in any action against a Public Service Commissioner arising out of his duties as such.

After hearing legal argument the Court reserved decision.