16
"and of another in plain clothes has been such "that it can reasonably be considered with refer- ence to his character for good conduct. On "this score Sergeant SHEIK ALIM is in position "of a 3rd Class Good Conduct Medal carrying "with the payment of five dollars a month. "The Captain Superintendent much regrets hav- "ing regard to Sergeant SHEIK ALIM's meritorious "service for over fifteen years, and to the repu- "tation that he bears as being a smart and intelligent Officer that he is compelled to re- commend to His Excellency the Governor that "this honour and privilege be withdrawn.”
I have the honour to be,
The Honourable
Sir,
Your most obedient Servant,
W. M. DEANE,
Captain Superintendent of Police.
Dr. F. STEWART, LL.D.,
Colonial Secretary.
Captain Superintendent of Police to
No. 177.
Colonial Secretary.
POLICE DEPARTMENT,
SIR,
21st August, 1888.
With reference to the earlier portion of the Minute of His Excellency the Governor on C.S.O. No. 18, and to previous Minutes, it is with deep regret that I have to report, for the information of His Excellency, that, after due consideration, I feel that I am reluctantly com- pelled to submit a memorial to the Right Hon- ourable the Secretary of State for the Colonies on the subject. The necessary papers will be prepared with the utmost despatch and submitted to His Excellency for transmission.
I have the honour to be,
The Honourable
Sir,
Your most obedient Servant,
W. M. DEANE,
Captain Superintendent of Police.
Dr. F. STEWART, LL.D.,
Colonial Secretary, $c.,
I have now respectfully to submit for Your Lordship's consideration the following points with reference to the foregoing correspondence:
(i.) With reference to His Excellency's Minute of the 1st August, 1888, I respectfully submit that it would have been improper conduct on my part in any way to have anticipated the possible decision of the Court to which I had referred the
&c.,
&c.
>>
I think he
can shelter him Wunder
Petitioner.
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17
Had my advice been followed the case would have come on for hearing at the usual weekly sitting on the 3rd August.
It will be observed that at the very outset His Excellency in his Minute of the 1st August is pleased to take into his own hands the direction of the course to be pursued. For this reason I thereafter acted according to instructions and the rontine of the Office. The possibility of my having the matter in train, as was the fact, and of my taking such further action as might be required at the proper moment, does not appear to have been entertained nor the possibility that the case was not one that could be settled on the
instant.
(ii.) At this point I would desire respectfully to inform Your Lordship that my action was entirely guided in accordance with the spirit of the instructions conveyed to me in the Colonial Secretary's Letter No. 1744 of 1886 of which the following:-is an extract "If this is the case,' Mr.
Stanhope proceeds, a new instruction "would appear to be required directing the Cap- tain Superintendent to inquire into all com- 'plaints, and, if the charge is one of breach of discipline or neglect of duty, to deal with it in "accordance with the Police Ordinance. If it is
46
44
one of criminal offence unconnected with Police "duty, and a prima facie case is made out, he "should recommend the complainant to prosecute, "and if the complainant fails to do so, should 'himself take out a summons against the accused "so as to have the case tried." The offence charged appeared to me to be partly one of a Civil nature and partly one amenable to criminal law under the Police Ordinance. I recommended the complainant to prosecute civilly because of the wider powers of the Court. The matter was then taken out of my hands through His Excellency the Governor being pleased to override my opinion and advice.
$4
(iii.) It will be observed in Letter No. 161 my opinion was before His Excellency's notice. "The question as far as affected Police Discipline ap- 'peared to me to be one that could well stand over for consideration until the personal and private portion of the affair had been judicially "settled." This in connection with the standing regulation above referred to is the keynote of my action. Had the complainant taken the action I recommended then the departmental phase of the matter could be considered with due respect. to the decision of the l'uisne Judge. Had he not taken action then the instructions quoted in the preceeding paragraph would have come into force and I must have taken action myself.
(iv.) I must respectfully but decidedly join issue on the terms incorporated in the following Minute of His Excellency (4th August.)
"An illegal outrage, such as that of searching a dwelling house without warrant, is far more 'culpable in a Member of the Police Force than "in an ordinary person, and I deeply regret to
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