The Argus at KellyGang 7/10/1882
The most recent announcement we have to make with regard to the Police Commission is also the most remarkable. Not satisfied with holding sittings on Tuesdays and Wednesdays, and perambulating the "back slums" of the city at night, on one occasion at least, under the guidance of members of the police force, they have also been trying to arrange for an interview of a secret nature with a witness whom they apparently did not deem it prudent to question openly in the ordinary way at their week day meetings. It has been brought under the notice of Mr D Gaunson, solicitor for Superintendent Winch, who proposes to take action in the matter, that a communication was sent to one of the senior constables of police stationed at the Russell street barracks by the Police Commission making an appointment at the Treasury for 12 o'clock on Sunday last, in order that be might be examined respecting the administration of the force. The commission, it was stated, desired to learn whether the senior constable, when previously before them, would have had it in his power to afford important information, had he been asked to do so, in reference to officers of the force laying themselves under monetary and other obligations to publicans and other persons. A statement to that effect had been made to the commission it was stated, and as be was considered about the most valuable witness examined regarding police matters in Melbourne, they thought it not improbable that he could throw some light on the subject.
There was no desire, it was stated, to fish for evidence, but the commission considered it right to ascertain whether he could give the required information. The letter, which was dated Saturday, the 30th of September, concluded with the words "Communicate with the secretary immediately, and if yon can arrange it, see him about 12 o'clock to-morrow at the Treasury, in the commission room." The senior constable replied that he had no such information to supply, and that as he was on special duty on the Sunday in question he could not keep the appointment. It is stated that this is not the only instance in which the wholesome practice of preferring all requests through the head of the police department has been seriously departed from.
SUPERINTENDENT WINCH AND THE POLICE COMMISSION
The following communication was forwarded to the Chief Secretary yesterday by Mr D Gaunson, solicitor to Superintendent Winch, with respect to that officer's removal from duty recently, at the request of the Royal commission appointed to inquire, into the administration of the police force -
The Hon the Chief Secretary.
17 Eldon chambers, Bank place,
Melbourne , Oct 6, 1882 .
Sir,-I respectfully ask leave, on Mr Winch's behalf, to represent the following for your information.
By the advice of his friends, and in consequence of the action taken by the Royal Commission (which I deem to have been, at least, very irregular) he consulted me professionally, when I tendered him the advice that the commission had no authority to call on witnesses to examine witnesses, as they did in his case, and that he should at once ask for a board to deal with the charges, whatever they might be, levelled at him.
I have been given to understand that the commission some time since requested you to relieve Mr Winch from duty, on the ground, not of charges against him, but that whilst he was doing duty they feared they could not obtain evidence that might be otherwise forthcoming, and I have further been given to understand that Mr Winch was relieved from duty by your own personal direction.
It is by reason of this last statement I beg to apply to you direct, to urge that as the reason for relieving Mr Winch no longer exists (the witnesses' statements being now in print) he may be ordered to resume duty. If, however, it be thought there is anything in the statements taken by the commission, then I beg to remind you that Mr Winch has asked for a board, and I now renew his application, and trust that the usual routine course through the permanent head of the Police department may be followed. As already stated, I have applied to you direct, but if you think it right my application should be made through the chief commissioner, I will at once take that course.
Allow me to say that I urge this matter not meaning any possible disrespect.
In conclusion, in urging the request that Mr Winch be directed to resume duty, I would point out that to an officer of a service of over 30 years, relief from duty is exceedingly painful, and tends not only to lower him in his own self esteem, but produces in the public mind a feeling very detrimental to him; in fact, the relief from duty has most gravely prejudiced him in the public mind. I need hardly say I believe this result was not intended nor foreseen by you, but unhappily the result is as I describe it.
I have the honour to be, sir, your most obedient servant,
DAVID GAUNSON,
Solicitor for Mr Winch.
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