CASE AGAINST THE CROWN.

Gisborne Times, Volume XXIX, Issue 3233, 1 June 1911, Page 5

CASE AGAINST THE CROWN.

ALLEGED WRONGFUL DISMISSAL. £3OOO DAMAGES CLAIMED. (Per Press Association.) WELLINGTON, May 31. An action against the Crown .by Arthur Broad Reynolds, late Landing Waiter for the. Customs Department at Auckland, for £3OOO damages, for alleged wrongful dismissal, was commenced this afternoon before His Honor Mr Justice Sim and a common, jury of twelve. The case came before the court as a.'petition under the Crown Suits Act. Mr It. B. Williams, with Mr G. HFell, appeared_ for Reynolds, and Mr J. S. Salmond (Solicitor General), with him Mr A. W. Blair, for the Crown.. Petitioner, in his statement of claim, set forth that he had; been in the public service for some 26 years, and that, at the time of Ins' dismissal on December 14th, 1909, he was in receipt of a salary of £3OO per year. On June Ist, 1909, owing to ill-health, he went to Auckland (allegedly without leave) under medical advice, and On June 16th he was suspended, and a letter was sent to him from the Collector of Customs at Wellington, charging him with being absent from duty without leave, with insobriety, and with disobedience of orders. A Board of Inquiry, consisting ... F of Messrs J. A. Hutton and W. Bowles reported on his case in July, and as a. result of their report the petitioner was dismissed from public service. On December 14thi petitioner urged that the sitting of the Board was illegal, and was not consonant with natural justice. In consequence of his dismissal his health had suffered and he had also lost his claim to compensation. For the defence' it was denied that the inquiry was void, but, on the contrary, that it was a proper inquiry.. It was also contended that the petitioner was guilty of the charges made against him, and was, therefore, rightfully dismissed from the service. As the petitiomer complained that he had! not had a. sufficient inquiry, the Government offered a new inquiry, which was refused. The case had not finished when the Court rose for the day.