CO885-(15-16) — Page 547

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45441

PUBLIC RECORD OFFICE

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C.O.8

Reference :-

-885

MY LORD,

No. 108.

(WESTERN AUSTRALIA.)

LAW OFFICERS to COLONIAL OFFICE.

[Petition of Right of Mr. F. Michael Behan.]

Royal Courts of Justice,

11th December, 1908. We were honoured with your Lordship's commands, signified to us in Sir C. P. Lucas's letter of the 3rd ultimo, stating that he was directed by your Lordship to transmit to us the accompanying Petition of Right from Mr. F. Michael Belan, of Western Australia, together with a report upon the petition from the Solicitor-General of Western Australia.

That it would be observed that the petition was brought by Mr. Behan in respect of his dismissal by the Government of Western Australia from his post in the Prison Service, and that he claimed that he was entitled to be reinstated in the post from which he was suspended, and to receive his salary up to the date of such reinstatement, or, alternatively, that he was entitled to damages for wrongful dis- missal from the Public Service.

That the petitioner also claimed to be entitled to be paid for certain services which he rendered to the gaol authorities before he was appointed to the position of Trade Instructor.

That Sir C. P. Lucas was to enclose a copy of the Act No. 9 of 1898 of Western Australia, and of several Law Officers' reports* dealing with Petitions of Right from that State.

That your Lordship was advised that there was considerable doubt whether a Petition of Right could properly be brought in respect of the alleged wrongful dismissal of a public officer (see Robertson, Civil proceedings by and against the Crown, page 354), but that that objection would not apply to the part of his claim which dealt with the question of the services rendered to the gaol authorities before appointment as Trade Instructor.

That your Lordship would be glad if we would take the papers into our con- sideration and favour you with our opinion whether the case was one in which His Majesty ought to be advised to grant his fiat.

We have taken the papers into our consideration, and, in obedience to your Lordship's commands have the honour to

Report-

That after careful consideration of the facts of this case we think on the whole that it is not one in which His Majesty ought to be advised to grant his fiat.

The Right Honourable

The Earl of Crewe, K.G., &c.,

&c.,

&c.

We have, &c.,

W. S. ROBSON.

S. T. EVANS.

• Nos. 101, 110, 117, and 134 in Vol. V., No. 205 in Vol. VI., and No. 8 in this Vol.

25 Wt 231 12/08 D&8 6 34537

16 PUBLIC RECORD OFFICE, LONDON

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