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Judicial CP - June 1899

Corpun file 22646

The Advertiser, Adelaide, 12 June 1899

Charge Against a Constable.

Refusing to Obey Orders.

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Melbourne, June 11.

Constable J. J. Kelly, who was one of the Bendigo constables who refused to give a birching to a boy in a case of stealing pigeons, has been charged by Superintendent Gray with refusing to obey the orders of his superior officers.

Corpun file 22645

The Sydney Morning Herald, 13 June 1899

Punishment Under the Crimes Act.

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The Chief Commissioner of Police is puzzled to know what action to take in regard to the refusal of a constable at Bendigo to birch a lad who was ordered by the local Bench to receive a caning for misbehaviour. Tho Crimes Act states that the Bench can order such punishment, in the case of youths under 16 years of age, and that the birching must be carried out by a constable or other person empowered by the Governor-in-Council. In this case the lad was liberated without punishment, as there was no time to wait for the Governor-in-Council to deal with such a trifling matter. The Chief Commissioner is known to hold the opinion that Parliament should not have required constables to administer the birching, as many of the best men in the force regard it as a duty they should not be asked or expected to undertake.

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