12. OUR INABILITY TO CLEANSE THE FORCE OF SOME OF ITS ROTTEN OFFICERS BY THE MORE SUMMARY METHOD OF CR 59 (HARDLY A HARSH ONE AS IT WOULD HAVE LEFT THEM WITH THEIR EARNED PENSIONS) HAS MEANT THAT WE HAVE HAD TO RELY ALMOST ENTIRELY ON THE LABORIOUS PROCESSES OF HE LAW.
13. IN CONSEQUENCE, LARGE NUMBERS OF DISGRUNTLED INTERDICTED OFFICERS HAVE BEEN HANGING ABOUT FOR MONTHS WITH NOTHING TO DO BUT TO MAKE TROUBLE WHILE CASES FOR COURT ARE PREPARED. THIS IS A SERIOUS FACTOR IN MORALE AND DISCIPLINE.
14. I DO NOT THINK THAT WHEN THE RESTRICTED INTERPRETATION OF CR 59 WAS IMPOSED BY F.C.C. THE SORT OF SITUATION THAT HAS ARISEN IN THE YAU MA TEI CASE WAS FORESEEN. NOR DO I THINK THE NEED TO GET RID, QUICKLY AND QUIETLY OF THE CORRUPT AGAINST WHOM CHARGES COULD NOT BE BROUGHT IN COURT WAS GIVEN SUFFICIENT WEIGHT.
15. SHOULD ALSO POINT OUT THAT UNOFFICIAL MEMBERS OF COUNCILS HAVE EXPRESSED THEIR BEWILDERMENT THAT THERE IS NO PROCESS BY WHICH WE CAN CLEANSE THE PUBLIC SERVICE OF OFFICERS WHOM WE ARE SATISFIED
ARE CORRUPT BUT AGAINST WHOM WE DO NOT HAVE EVIDENCE WHICH IS ADMISSIBLE IN COURT.
16. WHAT I NOW SEEK IS AN ASSURANCE OF SUPPORT IF AN APPEAL IS MADE TO THE SECRETARY OF STATE AGAINST RETIREMENT UNDER CR 59 IN A CASE IN WHICH THE COMMISSIONER SIMPLY STATES THAT HE HAS LOST CONFIDENCE IN AN OFFICER, WITHOUT GIVING HIS REASONS TO THE OFFICER OR MAKING THEM PUBLIC, THOUGH HE WOULD PROVIDE THEM TO ME, AND TO THE F.C.O. IN CONFIDENCE IF REQUIRED.
17. IN PRESENT CIRCUMSTANCES WE WILL HAVE TO USE CR 59 AGAINST MEMBERS OF THE POLICE WITH EXTREME CAUTION. ITS APPLICATION WOULD HAVE TO BE CAREFULLY PHASED IF ANOTHER FLARE-UP IS TO BE AVOIDED. BUT MEANWHILE I WOULD BE GRATEFUL IF YOU WOULD GIVE QUICK AND SYMPATHETIC CONSIDERATION TO THE PROPOSITION IN PARAGRAPH 16.
ENDS.
OWEN.
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SENT AT 30/
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