CLASS C2 RESERVIST AND TERRITORIAL TRAINING

Dominion, Volume 11, Issue 188, 29 April 1918, Page 4

CLASS C 2 RESERVIST AND TERRITORIAL TRAINING

A MAGISTERIAL DECISION. Eoserved judgment was delivered by Hi-. S. E. Jl'Caitliy, S.M., in the/Magistrate's Couvt on Saturday, in the case in which Sergeant Arthur Sydney Bird proceeded' against Frederick' Albert Sydney Hewson, a member of the Territorial Force, for foiling to render personal, service required of him under the Defence Act, 1909. Hcwsqn belonged to D Company, st!i (Wellington) Regiment, and had failed to attend parades of his company at Petone. Ho was 23 years of age, and had been called up for service in the Expeditionary Force and classified as permanently iHifit. Hβ was, however, liable to be called on at any time by officers having authority over the _ Expeditionary Force either for re-classifica-tion or for some, form of military service compatible with his state of health, or he might be dratted into the reserves. At present ho was on indefinite leave without pay. The contention of the informant was that notwithstanding tho defendant's medical classification lie was ■still liable for training in tho Territorial Force. Counsel for Hewson had submitted that he was exempt from all military training until again called up by an officer of 'the Expeditionary Force having authority over defendant. The Magistrate, after quoting the sections of the Act referring to the obligations of Territorials and to a member of the Expeditionary Force, said there were two ways of looking at the matter. Tho first was that defendant, by virtue of Section 11 of the Military Sen-ice Act, 19111. had become a, member of the Expeilitiouary .Force, an officer having authority over'that Force, viz., the Director of Eeoruiting, had given the defendant indefinite leave. That being so, no olficex of the Territorial Force could call on defendant to train as a member of that Force. Further, r.s long as his classification existed; although the defendant's medical examination was ■with. a view to service in the Expeditionary Force, and not for training in the Territorials yet that examination had proved defendant to be medically unfit for sorvico abroad. It therefore followed that lio was physically unlit for training in the Territorials. The information was therefore dismissed. At tho hearing Mr. K, C. Kirk appeared for the defendant.