controversy as to whether he had access at that time although he must have it

Controversy as to whether he had access at that time

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controversy as to whether he had access at that time, although he must have it earlier, to the investigation diaries of two of the detective officers concerned. Finally he was given a copy of the charges against him which resulted from the Board's enquiries. He is not mentally defective nor is he entirely innocent of any knowledge of the workings of the Police organisation. These things being so, it is impossible even to suppose that he was not aware and fully aware of the conclusions regarding himself at which the Board of Inquiry had arrived. To anyone with his general police experience and with his intimate knowledge of the whole lottery tickets affair the charges themselves must have conveyed to him the views regarding himself which the Board of Inquiry had formed. The only thing he was not aware of was the precise words in which these views were expressed. So much for his view of the matter. Rigby J., however, looked at the matter in a way which calls for much more careful consideration. His view was that it was: "impossible to say that the findings of the Board of Inquiry must not inevitably have prejudiced the mind of the Adjudicating Officer against the plaintiff in relation to the disciplinary charges preferred against him. I do not for a moment suggest that on the evidence that he heard he would not have come to precisely the same finding on the disciplinary charge. But the very fact that he was furnished with, and read, the findings of the Board must, in my view, to put it at its lowest, have created a very real likelihood that he would have a predetermined bias or — to use the words of Lord O'Brien C.J., in the case of R v Queen's County JJ [1908] 2 IR 285 294, — 'an operative prejudice, whether conscious or unconscious' against the plaintiff in respect of the disciplinary charges upon which he was to adjudicate". Then, as I have already said, he came to the conclusion that the furnishing of a copy of the findings of the Board of Inquiry to the Adjudicating Officer coupled with the fact that no such copy was furnished to Inspector Kanda : "amounted to such a denial of natural justice as to entitle this Court to set aside those proceedings on this ground. It amounted, in my, view, to a failure to afford the plaintiff a reasonable opportunity of being heard in answer to the charge
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Page 11 of 25 GOVERNMENT OF THE FEDERATION OF MALAYA v SURINDER SINGH KANDA preferred against him which resulted in his dismissal". In other words Inspector Kanda was not given a "reasonable opportunity" of being heard because there was a likelihood that the Adjudicating Officer who heard him would have a "predetermined bias" against him by reason of having read the report of the Board of Inquiry, although it is difficult to understand how this would have been otherwise had a copy of the report been supplied to Inspector Kanda .
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