COURT OF INQUIRY

Dominion, Volume 11, Issue 94, 14 January 1918, Page 6

COURT OF INQUIRY

CONDUCT OF MILITARY MEDICAL

EXAMINERS

DR. THACKER'S ALLEGATIONS

The Military Court of Inquiry set up to (investigate charges made by Dr. Thacker, M.P., with respect lo the conduct of certain military medical officers resumed its sittings at Christchurch on Saturday afternoon, the Court consisting of Major A. E. Loach (presidont), Major F. G. Gibson and Captain W. Irving (New Zealand Medical Corps), Captain F. P. Osmond Smith (Ist Canterbury Regiment), and Captain F. H. Salter (Reserve of Officers.

Major Gresson appeared on behalf of the Defence Department, and Mr. H. D. Acland on behalf of LieutenautColonel M'Gibbon. i

Charge Against Colonel M'Cibbon. The charge made by Bugler W. H. Burrows against Lieutenant-Colonel M'Gibbon, Assistant Director of the Medical Service, was proceeded with, the text of the charge, as submitted in writing to the president of tho Court at the previous sitting, being as under :— Case of Bugler William Horace Burrows, 3-3157, volunteer, enlisted 1916. Was insulted by Colonel M'Gibbon at Royal Exchange Buildings, his business premises, on May 12, 1917, while a prisoner, arrested while on sick leave, suffering from pleurisy, in .that he (Colonel M'Gibbon) did in an insulting manner order Burrows not to visit Dr. Thacker, and if he did so he would place him in solitary confinement, and deny him the liberty which was justly his. Bur-, rows claims insult in that, though on parole, he could not visit his own family doctor. Colonel M'Gibbon' threatened Burrows's right of freedom if he visited Dr. Thacker. (Signed) W. H. BURROWS. The president announced that the Court .was quite ready to take the The president also stated _ that he had received a communication from the O.C. District to the effect that he had been informed by the Commandant of Awapuni Camp that Corporal A. Elder was at present quite unfit for sea travel, and therefore could not be present as a witness that day.

An Adjournment Asked For. Dr. Thacker said he was advised by his counsel that Lance-Corporal Elder's evidence was absolutely essential in corroboration of the charge, •and he therefore asked that an adjournment should be made to Wellington, so' that the whole case miglit be taken together. The president asked Dr. Thacker to briefly indicate to the Court the purport of the evidence Elder could give, so that the Court might consider the merits of the application for an adjournment to Wellington-. He read the text of> tho charge.

Dr. Thacker said that Lance-Cor-poral Elder, then Private Elder, was a prisoner at the same time as Burrows, and looking through the bars of his cell ho saw Burrows. Tho speaker had taken a reporter round to get a description taken of the circumstances surrounding Burrows's incarceration. He was not ablo to get permission from the military authorities, and Burrows was subsequently releas-

ed. The president asked if Elder could give any evidence bearing on the charge that Lientenant-Colnnel M'Gibbon insulted Burrows. Was it not likely to prove hearsay evidence — something that Burrows told Elder regarding what Colonel M'Gibboii said to Burrows ? Dr. Thacker said that Elder would give positive proof that Colonel M'Gibboii told Burrows that he must not visit Dr. Thacker. i„ Major Gressan protested -that it. had not been shown that Elder was an essential witness. Dr. Thacker said he had had no opportunity to confer with Elder. Ho maintained strongly that Elder was an essential witness. Addressing Major Grcsson, Dr. Thacker said: "1 am no 1? going to be circumscribed by you, sir I" There was an outbreak of applause from the body of the Court, and the president said that if there was furthor interruption ho had power to dear tho Court, and would use that power. Mr. Aclaud said that there was nothing to show that Elder was present and could give first-hand evidence. Dr. Thacker said that he was advised that he ought to ask for -mi adjournment, not only to get Elder's evidence, but to secure the services of counsel. The Defence Department and Colonel M'Gibbon had the assistance of counsel, and it should not he refused to himself. He asked if the "redcaps" who "paraded Burrows through the streets" would be called to give' evidence. Major Gresson said he was quite ready to give Dr. Thacker the names of all witnesses who would bo called. The president said that the Court could bo, closed while the questions raised by Dr. Thacker were considered. The Court was then clospd, the genf'.l public, reporters, and cve'rvono else, save the members of the Court and the sentries, heinst required" to withdraw to the corridor. Application Refused,

After an interval of about twentyfive minutes the Court was reopened, and the. president announced that the Court had decided that as the charge before the Court was that Burrows was insulted by Lieutenant-Colonel M'Gibbon at the Roval Exdiaivo ]?i>ildings on May 12, 1917, and is Elder was not present, his evidence could not be direct corroboration, and the Court could not grant an ■ adjournment. Dr. Thacker said ho would ask for an adjournment in order to obtain counsel both for Burrows and l'iwseif Major Gresson said that Hurrows was being called merely as a vitness, and needed no counsel. He regarded Dr. Thacker as counsel for Bunows. Dr. Thacker said he wanted counsel because he felt that he was fisrhting against edged tools. It was teolish to attempt to light a maehinu-gim with a boomerang. Major Gresson knew all about the procedure of all the Courts, and the speaker wanted legal representation. Major Gresson protested that Dr. Thacker should have pjven earlier notice of his intention to ask f-u- an adjournment. Although not represented by counsel. Dr. Thackvr had had the benefit of legal advice in this matter. This was a move to delay proceedings which the Department was now anxious and ready to go on with. Dr. Thacker hotly _ protested to the president against Maior Grosson's pcrsonnl referenoes to_ Dr. Thneker. The president said fiat it v.ns his duty as chairman of the innuirv to u-i)f.cli thc\ i-'torcts of all parties before the Court. Wouldnot Contain Thacker accept that, position? There were nn charges either against Captain Thacker or Dialer Burrows reriuinnnr the servirns nf flefendip" counsel. Dr. Thacker: No. sir, I cannot accept that assurance. As a Frc citizen T nslc for counsel t.o represent Burrows, Colonel M'Gibbon is represented by counsel. Court Again Closed. The president said that as the Court was not unanimous regarding the application, he had no alternative but to close the Court again while the matter was considered. The Court was again cleared, the

audience again adjourning to the cor ridor.

On resuming, the president said that the Court had decided that if Burrows would make written application for permission to be represented by counsel, the Court would grant the request and would adjourn the Burrows case until Monday at 10 a.m.

Dr. Thacker said that as it was desired that Mr. C. P. Skerrett, of Wellington, should represent Burrows, a longer adjournment would be desirable, The president said that he had given the decision of the Court on the subject. The case must be called on at 10 a.m. on Monday.

Dr. Timelier asked if he should placo "his own application for services of counsel before the Court.

Major Gresson said Lhat the Court, had already decided that Captain Thacker was not entitled to counsel. The president said that that was so. The. matter had been decided. The ease of P. J. Macnamara was then called. Major Gresson said he was not prepared to go on with anv other cases that afternoon. He had not prepared for these cases, and had had no opportunity to do so, believing that He afternoon would be occupied with the ehanr? against Lieutenant-Colonel M'Gibbon. The handed the written clnrge to Major Gresson for his peruMajor Gresson said that he must adhere to his objection. Captain Lestir would be absent from ChriiiWliiiHi that day and-' 1 " Monday, so the case could not possihlv proceed The Court adjourned till 10 a.m. on Monday—Christchurch ''Star.