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AS WE ARE NOW. THINKING THEY CAN BE, THERE SEEMS NO REASON WHY YOU CANNOT GO THROUGH THOSE PROCEDURES VERY QUICKLY AFTER AN ACQUITTAL.
4. WE AGREE THAT REGULATION 62 CAN BE SIMPLIFIED BUT WOULD SUGGEST
SOMETHING ON THE LINES OF THE DRAFT IN MIFT. THE THOUGHT IS THAT
EVIDENCE SPECIFICALLY DISBELIEVED BY THE COURT WOULD HAVE TO BE
LEFT ON ONE SIDE, WHILE FACTS INCONSISTENT WITH THE FACTS FOUND BY THE COURT WOULD HAVE TO DE SUPPORTED BY NEW EVIDENCE. THIS IS
INTENDED TO DEAL WITH THE IMPRECISION WHICH THE BLAIR-KERR REPORT
CRITICISED.
5. WE ACCEPT YOUR REDRAFT OF REGULATION 59(1), BUT WOULD LIKE TO REWORD THE LAST SENTENCE, QUOTE THE OFFICIALS SHALL BE INFORMED
OF THE GROUNDS ON WHICH HAS RETIREMENT IS CONTEMPLATED AND BE GIVEN
AN OPPORTUNITY TO MAKE REPRESENTATIONS UNQUOTE, GROUNDS ARE NOT
THE SAME AS THE EVIDENCE, STILL LESS ALL THE EVIDENCE, AND
REPRESENTATIONS ARE NOT THE SAME AS A REPLY, YOU ARE ALREADY
PARAGRAPH 11) PROPOSING TO GIVE A CORRUPT OFFICER GROUNDS,
AND IT IS CLEARLY RIGHT THAT THE REQUIREMENT SHOULD REMAIN FOR NORMAL CASES OF RETIREMENT. TO DISPENSE WITH ALL EXPLANATION WOULD
LEAD TO TROUBLE IN THE 10 PERCENT OF RECALCITRANT CASES, AND WOULD
NOT BE NECESSARY IN THE OTHERS. SINCE YOU WILL BE USING THIS
REGULATION WHERE YOU CANNOT ACTUALLY PROVE CORRUPTION THE GROUNDS
WILL NOT OF COURSE BE THAT THE OFFICER IS CORRUPT, BUT SOMETHING WHICH YOU COULD SUSTAIN, EG THAT THE SUSPICION OF CORRUPTION WHICH SURROUNDS HIM, AFFECTS THE DISCIPLINE OF THIS STAFF OR THE CONFIDENE OF THE PUBLIC TO THE POINT WHERE HIS CONTINUED EMPLOYMENT IS NO
LONGER COMPATIBLE WITH THE PUBLIC INTEREST AND IT IS BETTER THAT ·
HE SHOULD GO WITH HIS PENSION, ARISING FROM THIS YOU MAY WISH TO · CONSIDER WHETHER YOU SHOULD HAVE ANY PROVISION FOR ENHANCED
PENSIONS AS AN ADDITIONAL TOOL WHICH YOU COULD USE IN APPROPRIATE
CASES.
6. YOUR PARAGRAPH 12. WE APPRECIATE THE NEED FOR SPEED, BUT
THE EFFECT OF THE AMENDMENT YOU PROPOSE WOULD BE TO REMOVE MY POWER
TO INFLUENCE THE DECISION IN ANY BUT THE MOST EXTREME CASE,
IF THE OFFICER WAS ALREADY RETIRED IT WOULD BE DIFFICULT AND
EMBARRASSING FOR ME TO REINSTATE HIM. WE CAN DEAL WITH CASES VERY
QUICKLY IN CASE OF NEED, PARTICULARLY AS YOU CAN PRESUMABLY GIVE
US ADVANCE WARNING OF EVERYTHING EXCEPT THE OFFICER'S OWN
REPRESENTATIONS.
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/7. YOUR PARAGRAPH 13