My attention has been drawn to this 1979 case by an ARM supporter. It could conceivably have relevance to a Highways Engineeer who refused to change an illegal metric sign; the case of Adam Doggett, reported elsewhere on this bulletin board, is a case in point. It is of interest in any event.
The case is R v. Dythan, Court of Appeal, 18 July 1979, CA 641.
The summary of the case states:
"HELD - A public officer who wilfully and without reasonable excuse or justification neglected to perform any duty he was bound to perform by common law or statute was indictable for the common law offence of misconduct in a public office.
The element of culpability required was not restricted to corruption or dishonesty, although it had to be such that the conduct impugned was calculated to injure the public interest and called for condemnation and punishment.
Whether there was such conduct was a matter for the jury on the evidence. Since the indictment alleged deliberate and wilful neglect by the appellant to peform his duty as a police constable, it disclosed an offence of misconduct in a public office. It followed that the judge's ruling had been correct and that the appeal would be dismissed".
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