66
"Tup: deal with it under Sec. 16 of Ordinance
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dismissal or
(D.) Prosecute him before the
the offence
"Govt steg."
The answer to that was:-
Compelect Court for
#
"That he would not sit as a
Magistrate and try
the accused for the "Common Law or Statutable Offence but "that it was his duty to inquire into
"the case and
punish the accused if
"need be, for what would be gross misconduct
"in a member of the Police Force."
He is directed to inquire into the
and punish if need be!
That
is in
he would either
(A.) dismiss the case in which if the matter complained of
was an
offence at law, the complainant
would still have his recourse at law if he thought it advisable or
(B.) he could cause him to be punished under the provisions of Sect. 15 of Ordinance 9 of 1852 or
(C.) Deal with him under Sec. 16, or report him to the Governor for
disposal
offence or crime.
I maintain that there is
nothing incompatible with
in giving
any
law
these directions to the Captain
Superintendent of Police.
Cases of Larceny, extortion or Bribery might easily arise in which on
account of the reluctance of parties
to
forward as witnesses complining in the offence or for many
other reasons it would be difficult or impossible to obtain a conviction and yet the Capt. Supt. be perfectly satisfied of the guilt of the accused. It is manifestly the duty of the Capt. Supt. to deal with these cases by dismissal from the force
or otherwise and it
cannot be seriously contended that the power to do so has been taken from the head of the Force because the law has provided other punishments for
these