Conway v. Rimmer1
| Author | B. Morris |
| DOI | 10.1177/0067205X6800300107 |
| Published date | 01 March 1968 |
| Date | 01 March 1968 |
| Subject Matter | Case Notes |
CASE
NOTES
CONWAY
v.
RIMMER
I
Discovery-Production
of
documents-Privilege-Crown
privilege.
In April
1963
Michael Conway
became
a
probationary
police
constable
in
the
Cheshire
constabulary.
The
period
of
probation
was
to
be
two
years.
During
the
probation
period
reports
were
made
on
his
conduct
and
suitability
for
permanent
appointment.
It
was
not
a
practice
to
show
these
reports
to
the
probationer.
Conway
was
nearing
the
end
of
his
probationary
period
when
on
13
April
1965,
he
was
dismissed
from
the
force
by
Superintendent
Rimmer.
The reason
given
to
Conway
for
his
dismissal
was
that
he
was
unlikely
to
become
an
efficient
police
officer.
In
December
1964
another
probationer
named
Jones
lost
an
electric
torch
worth
about
15
shillings,
a
piece
of
equipment
each
probationer
was
required
to
buy
for
his
own
use.
Each
probationer kept
his
torch
in
his
box
in
the
parade-room
and
because
the
torches
were
alike
each
probationer
scratched an
identifying
mark
on
his
torch.
Unknown
to
Conway,
Jones looked in Conway's
box
and
took out
a
torch.
Jones
claimed
that
he
unscrewed
the
torch
and
saw
that
it had
his
[Jones']
number
scratched
inside
the
base cap.
He
put
the
torch
back
into
Conway's
box
and reported
to
his
superiors.
The
matter
was
investigated by
Superintendent Rimmer.
Conway
asserted
that
the torch
was his
and
in
support
of
his
contention
drew
attention
to
marks
on
the
batteries
and
external
serrations
on
the
top
of
the
torch,
markings
he
claimed
he
put
on
the
torch
to
indicate
his
ownership.
Three
weeks
later, on
11
January
1965,
Rimmer
accused
Conway
of
stealing
the
torch
and told
him
that
there
had
been
adverse
reports
against
him. Rimmer
suggested
that
Conway resign. Conway
refused
to
resign
and
still
protesting
his
ownership
of
the torch
he
was
suspended
from
duty.
Superintendent
Rimmer
prepared
a
report
which
he
submitted
to
the
chief constable
with
a
view
to
its being
sent
to
the
Director
of
Public
Prosecutions
for
advice as
to
whether
Conway
should
be
charged
with
the
theft
of
the
torch.
Conway
was
committed for
trial
and
the
case was
heard
on
6
April
1965.
After
hearing
the
evidence
for
the prosecution,
which
included
evidence
by
Superintendent
Rimmer
(who
seems
to
have
made
a
poor
showing),
the
jury
stopped
the
case
and
returned
a
verdict
of
not
guilty.
Conway
returned
to
duty
but
a
week
later Superintendent
Rimmer
sent
for
him and told
him
he
was
dismissed
from the
force.
Dismissal
'
[1968]
2
W.L.R.
998
(House
of
Lords).
The
House
consisted
of
Lord
Reid,
Lord
Morris
of
Borth-y-Gest,
Lord
Hodson,
Lord
Pearce
and
Lord
Upjohn.
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