MOTUIHI AFFAIR

Dominion, Volume 11, Issue 146, 9 March 1918, Page 8

MOTUIHI AFFAIR

FINDING OF THE SECOND COURT OF INQUIRY STATEMENT BY SIR JAMES ALLEN NO FURTHER ACTION NECESSARY The following statement was made by the Defence Minister last night regarding the findings of the second Court of Inquiry which sat to investigate certain questions raised regarding the responsibility or otherwise of Colonel Patterson (Commanding' Auckland District) and Major J. Osburne Lilly, Diiector of Personal Services. The Court was asked to report whether :— 1. The Commandant of Motuihi Island was directly responsible to Headquarters, Wellington, or to District Headquarters, Auckland, for the custody of prisoners of war. 2. It was the duty of Colonel G. W. S. Patterson to ensure tjiat proper precautious were taken to guard the prisoners on Motuihi Island. 3. Major Osburne Lilly was aware of the inadequacy_ of the precautions for. safeguarding the prisoners, and, if 60, whether he took reasonable steps to remedy the inadequacy. The Court reported that the letter of appointment of Lieutenant-Colonel Turner was extremely vague as to issue before the Court, and that the lettor from Headquarters, Wellington, to Headquarters, Auckland, referring to the appointment was also vague as regards the issue before the Court, although clear on other matters not before the Court. The Court reports that the whole question as regards safe custody hinges on the interpretation of the words in the letter of appointment of Colonel Turner. For guard and requisitions other than supplies vt« will deal direct with District Headquarters, Auckland. You will communicate direct with Headquarters, N.Z. Mili-

tary Forces, regarding prisoners of

In the opinion of the Court tho instruction meant that District Headquarters, Auckland, were to provide the personnel of the guard, but had nothing to do with the strength of the guard or with matters of safe 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 even actually occurred to test the chain of responsibility for safe custody until the arrival of the See Adler men. From this point onwards all action as regards 6afe custody was taken by Headquarters, Wellington, direct with the Commandant, Motuihi. I

The Court, however, add that the files show that the provisions of tflie original letter of appointment were as regards other matters followed out in most capes; 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 the district took a sufficient interest in all matters relating to the island, yet from the whole of the evidence adduced the Court is of opinion that on this issue the Commandant, Motuihi Island, was. directly responsiblo to Headquarters, Wellington, for tho custody of prisoners of war.

The Court reports that in its opinion it was not the duty of Colonel Patterson to ensure thai proper precautions were taken to guard the prisoners at Motuihi Island.

The Court reports that in its opinion Major Osburne Lilly was aware of the inadequacy of the precautions for safeguarding 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 failed in his duty as a staff officer in not bringing the fact of the launch being'at the island to the 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. Steps have been taken to point out lo Major Lilly the Court's opinion as to his misconception of duty. I have examined the reports of the Boards of Inquiry with tho evidence, and from my own knowledge of the circumstances have come to the following conclusions:— (1) Major-General Sir A. Robin did not realise that the officer commanding the Auckland District considered Motuihi to be under General Headquarters and not under the 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 the warning about the conditions existing at Motuihi. 2. That he did not visit Motuihi in person to satisfy himself '•hat adequate precautions were taken to safeguard the prisoners on the island. These conclusions have been submitted to Major-General Sir A. Robin, and I do not consider further action necessary.