The Argus at KellyGang 7/4/1883 (2)

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ROYAL COMMISSION

Final Report - continued

The report begins by reciting the powers conferred on the commission, by letters patent, March 7, 1881 . It was directed in the first place to inquire into the circumstances attending and preceding the Kelly outbreak. Upon this subject the commission reported some time ago. The present state and organisation of the police are dealt with on this occasion, and the report opens as follows:-

I – PROCEEDINGS OF THE COMMISSION

Your commissioners, in submitting their general report upon the police force of the colony, based upon the evidence oral and documentary adduced during their protracted and arduous inquiry, desire briefly to review the history of their proceedings and the results of their deliberations as embraced in the series of progress reports which they have presented to your Excellency. The maladministration of the Police department and the unsatisfactory relations that existed between Captain Standish and many of his subordinates culminated during the outbreak of the Kelly gang in the North-Eastern district. That disgraceful and humiliating episode in the history of the colony necessitated not only the retirement of the late chief commissioner of police, but also the issue of a Royal commission to investigate the causes and circumstances attending the outrages of the daring criminals alluded to, and to report upon the state and organisation of the police force generally.

Regarding the interests of the public as of paramount importance, and anxious to discharge fearlessly and impartially the duty entrusted to their hands, your commissioners felt constrained, though reluctantly, to make certain recommendations from time to time, which no doubt involved individual hardship. It was not however intended, except in a few flagrant cases, that the proposals of your commissioners should have a punitive significance. The main object sought to be achieved was the elimination of all disturbing and objectionable elements from the police force, in order the better to facilitate the labours essential to its complete reorganisation. Thus, though the extreme course of dispensing with the services of many of the officers was declared to be necessary, the suggestion was accompanied by a desire that it should be without prejudice to their claims for compensation.

In their first report the commissioners expressed disapproval of the proposed appointment of Mr. Stanhope O'Connor to the position of inspector in the force, for reasons specifically mentioned. In their second report your commissioners made a series of recommendations affecting the position of many prominent officers and members of the force. The withdrawal of Mr C H Nicolson, then acting chief commissioner,

and of Superintendent Hare, was deemed expedient, owing to the jealousy and dissension that had existed for some years between those officers. It was felt that, whatever might have been their abilities or the value of their public services in the past, the peculiar relations of the one towards the other precluded all possibility of their working in harmony in the future. The recommendations in respect to Inspector Brook Smith were acted on fully; those regarding Superintendent Sadleir only partially, while in Sergeant Steele's case they were altogether ignored. From the evidence since adduced your commissioners see no reason to qualify the opinions then expressed respecting the conduct of the two officers last mentioned.

Consequent upon the retirement of Mr. C H Nicolson and of Mr Hare, Superintendent H M Chomley was appointed chief commissioner of police. To this gentleman's selection for the post your commissioners had no objection personally to offer; but the manner of it lacked the courtesy due to a Royal commission charged with an important inquiry into the state of the department over which he was called on to preside. Mr. Chomley, on receiving his promotion, was instructed to draw up a special report embodying his views upon the reorganisation of the force. But for an assurance to the contrary, this action on the part of the Government might have been interpreted as designed to supersede the commission, or at least to render further investigation superfluous. Further, it was clear that the chief commissioner's suggestions, even if carried out in their entirety, were wholly inadequate to remedy existing abuses, and to place the Police department upon a satisfactory footing. Mr. Chomley appeared to regard political influence as the main cause of the admitted demoralisation of the force, and seemed encouraged to suppose that, by an increase in the number of the police, a new system of recruiting, an extension of the period of service, and some minor departmental reforms, all that was necessary would be accomplished. In this sanguine anticipation your commissioners did not participate. They believed that nothing else than a searching investigation, and the matured conclusions of a Royal commission, could move the Government and Parliament to undertake the rectification of the glaring anomalies and wrongdoings which were alleged to exist in connexion with the Police department. Under those circumstances, and influenced by such considerations, your commissioners after a suspension of their labours for some time, resumed the inquiry, and proceeded to deal with that branch relating to the state and organisation of the force, as laid down in the 5th clause of the order of reference.

It was decided to call upon subordinate members of the force to elect delegates to represent their views before the commission, also, to examine officers whose experience and status necessarily gave weight to their evidence. It was not considered desirable to investigate individual grievances, unless where such had a direct bearing upon the general questions at issue. As to the detective branch, it was felt that a distinct and most searching investigation was requisite.

In an ad interim report presented to your Excellency m October last, it was recommended that Superintendent Winch and Sub-inspector Larner should be removed from the force, owing to conduct on their part in direct contravention of the regulations – conduct calculated to reflect odium upon the general body of the police, to undermine discipline, and to exercise a pernicious influence on the administration of the department. With the views of your commissioners respecting those officers the Government has thought proper to coincide, and the officers named have been permitted to retire.

A special report upon the detective force was in January last submitted by the commission. It proposed certain organic changes in the department, and expressed certain opinions regarding Inspector Secretan and Detectives O'Callaghan, Duncan, and Nixon. In the opinion of your commissioners, the recommendations then made should be given effect to promptly, the same having been submitted solely with a view to the better organisation, government, and discipline of the force.

In pursuance of the powers conferred upon your commissioners they have held 133 meetings and examined 183 witnesses. They have inspected the depot, the Russell-street barracks, and the detective office. They have also visited many of the principal centres of population, and taken evidence on the spot, wherever necessary, in relation to the subject matter of the inquiry.

continued

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