4. The Commission then learnt that, on 16 July 2010, while on provisional suspension, Mr Jacobs was arrested and appeared before the Clocolan District Court on a charge of driving a vehicle under the influence of liquor. As a result, further charges of misconduct were added. 5. The misconduct inquiry against Mr Jacobs began on 6 August 2010 but was postponed, at his request, to 22 and 23 September 2010 for him to instruct counsel. On 22 September 2010, Mr Jacobs' attorney advised the Presiding Officer that Mr Jacobs had abandoned his intention to instruct counsel. He would be represented by his attorney at the misconduct proceedings. Mr Jacobs denied the allegations but was prepared to make certain admissions. The defence further raised the point that Mr Jacobs suffered from Post Traumatic Stress Disorder and major depression resulting in him having developed a serious alcohol dependency. The misconduct inquiry was by mutual agreement converted to an inquiry into Mr Jacobs' capacity to carry out his duties of office efficiently. A clinical psychologist gave evidence on this point.