THE MOTUIHI AFFAIR.

Press, Volume LIV, Issue 16156, 9 March 1918, Page 9

THE MOTUIHI AFFAIR.

FINDING OF SECOND COURT OF I ENQUIRY. i j ! STATEMENT BY DEFENCE j MINISTER. i I MAJOR-GENERAL ROBIN S ERROR ; OF JUDGMENT. ! ! (special, io "the ritEss.") WELLINGTON, March 8 The loiiowiug statenu-n c regarding the ' finding of the second Court of Enquiry in tho Motuihi affair has been made by ! the Minister of Defence:— The Court was asked to report I whether I. Tho Commandant of Motuihi Island was "direct!v responsible to Headquarters, Wellington, oi to District i Headquarters, Auckland, for the custody of prisoners of war. i 2. It was the duty of Colonel G. \\ . 3. Patterson to ensure that proper Diecautions were taken to guard the prisoners on Motuihi Island. 3. Major Oburne Lilly was aware of tliu inadequacy or tho precautions for safeguarding the prisoners, and, if so, whctliei he took reasonable steps to reincdv the inadequacy. Tin* Court reported that the letter of appointment of Lieutenant-Colonel lurner was extremely vairuc as to tho issue I bei'oie the Court, and that the letter [ from Headquarters, Wellington, to | Headquarters. Auckland, relernng to I the appointment, was also vague as I regards the issue bolore tile Court, alj though clear on other matters not before the Court. The Court reports that the whole question as regaids safe custody hinges on th.» interpretation of the words in the letter oj appointment of Colonel Turner: "For guard and requisitions, other than supplies, you will deal direct with District Headquarters, Auckland. You will communicate- direct with Headquarters, New Zoaland Military Forces, regarding prisoners of war." In the opinion of the Court the instruction meant that District Headquarters, Auckland, were io provide the personnel of the guard, but had nothing to do with the strength of the guard or with matters of wafc custody. The Court, in its report, states: — "What the intention of the original letter of appointment really was as regards safe custody of prisoners of war at Motuihi is impossible for the Court to tell. Nothing ever actually occurred to test the chain of responsibility for safe custody until the arrival of the Scoadler's men. From this point onwards all action as regards safe custody was taken by Headquarters. Wellington, direct with the Commandant, Motuihi." The Court, however, adds that the files show that the provisions of the original letter of appointment were, as regards Other matters, followed, out in most cases, though a good deal of irregularity took place in the method of communication. This irregularity does not apply to the correspondence.originated by the Commandant, Motuihi. While the Court is not satisfied that tho district took a sufficient interest in all matters relating to the island, yetfro m the whole of tho evidence adduced the Court is of opinion that, on this issue the Commandant, Motuihi Island, was directly responsible to. Headquarters, Wellington, for the custody of prisoners of war. . . The Court, reports that 1:1 its opinion it was not the duty of Colonel Patterson to ensure that proper precautions were taken to guard the prisoners atMotuihi Island. The Court reports that in its opinion Major Osburne Lilly was aware of the inadequacy of tho precautions for fcafeguarding the prisoners; that it was his duty, as Staff officer, to take steps to remedy such inadequacy; that he did take reasonable steps to remedy the inadequacy, but that he failo'l in his duty as a Staff officer in not bringing the fact of the launch being at the island to tho knowledge of higher authority. He did, however, take such steps as were in his opinion necessary to see that the launch was in a safe condition while at the island. His failure was due to a misconception of the duty cast upon him. •Sfoos have been taken to point out to Major Osburne Lilly tho Court's opinion as to his misconception of duty. I have examine:! the reports of tho Boards of Enquiry with the evidence, and from mv own knowledge of the circumstances have comc .to the following conclusions:— (1) Major-Goneral Sir A. Robin did) not realise that the Officer Commanding the Auckland District considered Motuihi to be under General Headquarters, and not under tho O.C. District. (2) He committed an error of judgment in (1) That he was too much impressed by the outside scare, and did not give due weight to tho warning about the conditions existing at Motuihi. (2) That he did not. visit Motuihi in person to satisfy himself that adequate precaut ! ons were taken to safeguard the prisoners on the island. These conclusions havo been submitted to Major-Genera] Sir A. Robin, and I do not consider further action necessary.