ESCAPE FROM MOTUIHI

Dominion, Volume 11, Issue 72, 18 December 1917, Page 6

ESCAPE FROM MOTUIHI

FULL INQUIRY DIRECTED

THE ORDER OF REFERENCE TO THE COURT The Court of Inquiry which is to make investigation into the escape of tho German prisoners from Motuihi Island is to sit in Auckland, but the date of the sitting has not yet been fixed. It is expected that the court will sit as soon as possible. Tho court will be constituted as follows:—President, Colonel 0. R. Macdonald, Imperial General Staff; members, Lieutenant-Colonel R. Ncave, Essex Regiment, and Lieutenant-Colonel R.. W. dimming 16th (Waikato) Regiment.

The following is the order of reference :— (1) To investigate and report upon the circumstances under which cerprisoners of war and interned civilians escaped from the internment camp on Motn"" Island, on or about December 13, 1917. (2) To report whether, in the opinion of the court, such escape was attributable to any neglect of duty on the part of any officer, non-commis-sioned officer, or soldier of the No» Zealand Defence Forces. (3) To report on the steps, if any, taken to remedy matters brought to the notico of the Commandant at Motuihi Island in the letter from General Headquarters, dated November 27, 1917, copy of which is attached. (i) To investigate and report upon any other matter appurtenant to this .inquiry. The Minister of Defence stated yesterday that hn assumed that the court would itself decide, as to who should bo present at tho inquiry, but he understood that it was the intention that representatives of the Press should be present but not tho general public. The reason for this was/that there might be matters disclosed at tho inquiry which it would not be politic to publish at present, and tho Press would bo asked to omit those matters frotr their accounts of the proceedings. Sir James Allen said that the matters he had in mind were such as it might not be advisable to disclose while the escapees were still at liberty. It should he understood that the function of a Court of Inquiry is to take evidence- on oath on the questions set out in tho order of reference, and to submit the evidence with their findings upon the facts to the Commandant, for transmission to tho Minister, who shall submit same to the Governor for his decision. It is not a court-mar-tial the function of which, is to try an accused person' , on a definite charge raado against him. In this ease it is not possible, without preliminary inquiry, to make charges ngainpt anyone with certainty that the right person or persons are beinc charged, and with the. offences of which they have been guilty. It mav happen as a result of this inquiry that charges will be made against some person or persons, and that these persons may havo to stand trial by a martial court of competent jurisdiction, which will have power to inflict punishment commensurate, with such offences as those charged against the persons concerned.