Commissioner
p. 28 · Read in the full issue
Police Chief and Resident Commissioner Sequel to Extraordinary Incident in Rarotonga
A N incident that occurred in Raro tonga in March, 1938, had a sequel in the Supreme Court, in New Zea land, recently.
The new Resident Commissioner in the Cook Islands was Mr. S. J. Smith (since retired), and he acted also as Chief Judge. The Chief of Police was Mr. Al bert Carlyon. Some important litigation was pending; and the Chief of Police, believing that the Resident Commis sioner w r as acting in an improper man ner in relation thereto, took the unus ual course of entering the R.C.’s office under a search warrant, and seizing cer tain documents. Before taking this course, he conferred with the Police Commissioner in N.Z., by radiogram, at his own expense.
Mr. Smith then carried out formal in quiry into Mr. Carlyon’s conduct on two charges of insubordination; fined him one week’s salary; and ordered that he be immediately transferred to New Zea land, to the police service there. Mr.
Carlyon was transferred accordingly.
The charge of insubordination was up held by the N.Z. Public Service Commis sioner.
On September 29, Mr. Carlyon applied in the Supreme Court in Wellington to have quashed the decision of the Public Service Commissioner.
The statement of claim set out that Carlyon had been a police constable since October 18, 1926, and from Decem ber 24, 1935, acted as chief police of ficer at Rarotonga. He denied that he had been insubordinate, claimed that his action had been justified, and chal lenged the authority of the Public Ser vice Commissioner.
Mr. Currie, who appeared for the Public Service Commissioner, said: “It is stated that Mr. Smith prejudg ed the case (that was to come before him, as Acting-Judge, in Rarotonga), and also that he interviewed litigant before hand. It is only fair to Mr. Smith, who is not present, that I should say very briefly that there is another side to that. Sworn evidence in the inquiry indicated that a native had come to Mr.
Smith to consult him in his capacity of Commissioner and without indicating that legal proceedings were pending”.
His Honour , had said something about climate, and that, combined with the small number of Europeans, might have had something to do with Mr. Carlvon’s extraordinary action. In the proceedings, Mr. Carlyon had been treated in a kind ly manner. He had a good record in the police force and had been carefully selected for the position in Rarotonga.
On October 14, the Court upheld the appeal, and the constable’s conviction for insubordination was removed from she records.
Mr. W. Links, one of the most popular residents of Apia, where he has been an assistant manager of Messrs. Burns Philp (S.S.) Co. Ltd., left Samoa, last month for Sydney in search of medical treat ment. Mr. Links for the last 14 years has occupied a prominent place in the social and sporting life of Apia, and he was farewelled by many friends at vari ous well-attended functions.