MILITARY SERVICE ACT

Dominion, Volume 11, Issue 225, 11 June 1918, Page 7

MILITARY SERVICE ACT

QUESTIONS BY POLICE

EQUIVOCAL ANSWERS LEAD TO

TROUBLE

It may not bo generally known that to givo tho police equivocal answers in. reference to enrolment under the Military Service Act is an offence punishable by lino or,imprisonment, oven if tho person making the statements be not a reservist. I

A case,bearing on tho point was beard at the Magistrate's Court, before Messrs. J. W. Ellison and 1. Sfllek, J.P.'s, yesterday, when Frank Banfurly Badman, a youth, was charged that on Sunday night last ho answered. questions relating to his military status in a misleading manner, contrary to the provisions of section 44 of tho Military Service Act. Section 44, of the Act reads as follows: —"(1) After tho enrolment of the First Division on the reserve, or of ,any class thereof, has been proclaimed and directed, any constable may question nny man who may reasonably be supposed to l>e of military age as to any or all of tho following matters, namely: His name, occupation, and abode, the date and place of his birth, his enrolment in the reserve, and. any other matters relevant to tho question of his membership of the reserve or of any division or class thereof, or his membership of the Expeditionary Force. "(2) Any man who fails or refuses forthwith to answer any question so put to hinj, or who ansA-ers uuy such question in a false or wilfully misleading manner, shall be guilty . of an offence punishable on summary conviction by imprisonment for any term riot exceeding three month's, or by a fine not more than i£so, aud any' man reasonably suspected'of any such offence-may bo detained by, anv constable, and brought before a Justice of the Peace to be dealt with according to law." Evidence was given by Sergeant Mathieson aud Constable Graham that they accosted Badman about 10 o'clock on Sunday night, and asked him if ho possessed any military papers. Defendant stated-that.he was not twenty-ono years of age, and was medically unfit. A little later on he said ho was going into camp next week, and afterwards, in the course of further conversation, ha stated lie was under age. When asked for his papers, defendant replied that they were ot homo, and that the police could go there to'inspect them if they so desired; "He did his level be&t to refuse to explain the situation," remarket! Sergeant Mathioson. "Ho was an impudent young man."

Defendant: I hud a couple, of drinks in, and I don't remember eating it. Inspector Marsack informed tlio Bench that it had boon ascertained- thut Bndman would not 'be of military age until next month, but submitted that that did Pot alter the circumstances of the case. The mere fact of having given unsatisiactory' answers brought defendant within tho operation of the clause of the statute under which tho chaTge was laid.

"Although not a reservist, you are still liable," said Mr. Ellison to defendant. "By your own stupidity and impudence you have' brought yourself into this scrape. You also stated you ■■ had a couple of drinks on Sunday night. That does not reflect much on your credit." " In answer to the Bench, defendant said lie was a French polisher, and earned -C 3 15s. per week. Ho had beon in Wellington for about two months, his homo being in Gore. , A fine of .£1 was imposed.