They expressed the view that he had encouraged certain witnesses to give false

They expressed the view that he had encouraged

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They expressed the view that he had encouraged certain witnesses to give false evidence so as to "simplify the case and to cut short the evidence". As regards certain other evidence they expressed the view that his motive was "dishonestly to strengthen the case against both accused in order to ensure a conviction in Court". They concluded: "The Board were forced to the conclusion that Inspt. Kanda is a very ambitious and a thoroughly unscrupulous Officer who is prepared to go to any lengths, including the fabrication of false evidence, to add to his reputation as a successful investigator. The Board could not help wondering how many of his previous successful cases had been achieved by similar methods". In consequence of this report it was decided to take disciplinary proceedings against Inspector Kanda and on 12th March, 1958, Mr. Strathairn, who had just been transferred to Penang as Chief Police Officer and who was junior to one of the members of the Board of Inquiry but senior to the other two members, was instructed to act as the Adjudicating Officer in such proceedings. He was furnished with a copy of the report of the Board of Inquiry and with the statements made by witnesses before that Board. He was also furnished with charges which after some variation were the charges which Inspector Kanda was later called upon to answer. Although they gave rise to much argument at one stage of the proceedings, I do not think it is necessary to discuss these charges in detail here. Apart from a minor charge of disobedience to a lawful command by failing to subpoena a witness, they were to the effect that it was the duty of Inspector Kanda to prepare the Police Investigation Papers on which the prosecution case at the forgery trial would be based and that in doing so on each of four specified
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Page 4 of 25 GOVERNMENT OF THE FEDERATION OF MALAYA v SURINDER SINGH KANDA material points he dealt with the evidence in a way that could be regarded as either failing to disclose evidence in his possession, which is. an offence against discipline by reason of regulation 2(a)(44) of the Police Regulations, or as submitting evidence which he knew to be false which amounted to conduct to the prejudice of good order and discipline in contravention of regulation 2(a)(65) of the Police Regulations. These charges were communicated to Inspector Kanda and at a later stage the statements made by the witnesses before the Board of Inquiry were also communicated to him but the report of that Board which had been communicated to Mr. Strathairn was never at any material time communicated to him. In due course Inspector Kanda appeared before Mr. Strathairn at a Police Orderly Room and in the event after taking evidence Mr. Strathairn found that the charges made against him were proved. In respect of the minor charge of disobedience Mr. Strathairn reprimanded him but in respect of the other charges he recommended that he be dismissed from the Police. There has never been any suggestion that these proceedings were not substantially in accordance with the provisions of the Police Regulations.
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