Court Martial at Ohakea

Chronicle (Levin), 13 August 1948, Page 5

Court Martial at Ohakea

On Monday of this week LAO Joseph William Phillips and ACl Daniel .James Bvrnes were arraigned before a Distric Court Martial at Ohakea. The charges against Phillips comprised absenting hiniftelf without leave from Ohakea, disobeving a lawful conunand given by liis superior officer, using insubordinate language to his superior officer, and conduct'to the prejudice of good order and Air Force diseipline. Bvrnes was charged on two counts eaeb of disobeving a lawful command giv.en by his superior officer and using insubordinate language to his superior officer. . Squadron Leader Alfred - Herbert Ifarding, D.F.C., R.N.Z'.A.F.' Station, Whenuapai, prcsided and with him were members' of the Gourt, Squadron Leader Frederick William Thornton, M.B.E., R.N.Z.A.F. Station, Hobsonville, and Flight Lieutenant Douglas ' Fleming Watson, Air TrainingGorps Headquarters, Wellington. Fl'ight' Lieutenant ■Tolin Patrick McYeaglj, LL.M., Reserve of'Air Forct; Otfic-er^'Was Judge Advocate. Flight Lieutenant Raynor, of Ohakea, prosecuted.-Mr. R. Mackav, of Bulls, was coimsel for the aceused, instructed by Flight Lieutenant A. G. M. Baldwin, of Ohakea;'who was prisoners' f riend. ' . Pliillips plea'd'ed guilty to the charge ol' absenting himself Without leave. Lengfhy evidence was heal'd on the other chai'ges, oceupyiiig two days. What the (tefence relied upon was that tlie two accused were so helplessly drunk at the limetfthe off ences were coinniitted that they Avere not responsil'le for their aetions and therefore sliould not have been apprehended on Ihe charges set forth above, but should have been charged with drunkenness in accordance with the numerous provisions as set forth in the Manual of Aiv '•Vrce Law. At the conclusion of the hearing the Gourt found the aceused guilty on all charges. Phillips was senteneed to dele.ntion for 56 days .and Bvrnes to 22 days' detention, bqtli sentences being siibject to 'con'firpiatroh j-jy the Gonveniug Autho.rit v, Air. Fp rc e--D e ba r tn ) e tit .