MILITARY COURT OF INQUIRY

Dominion, Volume 12, Issue 75, 23 December 1918, Page 5

MILITARY COURT OF INQUIRY

AN UNUSUAL CASE

APPLICATION FOR WRIT OF PROHIBITION

(By Telegraph-Press Association.) Auckland, December 21. An unusual case was taken at the Supremo Court this morning, when Major W. E. Sharman, formerly medical officer lit Nalrrow Neck Camp, and now AssistantDirector of Medical Services at Dmiedin, applied for a writ of prohibition under the Judicature Act restraining Colonel Ward (President), Colonel Plugge and Major Lindsay (members), of a court of inquiry which was set up to report upon the administration of. the Narrow Neck Camp during the recent epidemic, from proceeding with the inquiry. The plaintiff also made a claim for costs. The statement of claim alleged that the Court of Inquiry was called together on December 16 to inquire into tho medical organisation and treatment of the sick at Narrow Neck Camp during the epidemic, and into the conduct of Major H Peacock as Camp Commandant and that of plaintiff as camp medical officer. The order to attend, ho alleged, was not served on him until after the date fixed for the inquiry. He attended on December 17, and asked the Court to allow him a, /week in which to prepare his defence. The Court refused to allow him longer than till 2 p.m. of the following /lay, which he asserted was insufficient He attended again next day, accompaniW by counsel, and handed the Court a certificate from another doctor to the effect that he was in ill-health, and was not in a fit state to conduct his own defence. He therefore asked the Court to allow him to be represented by either counsel ur "friend." ("Prisoner's friend," counsel permitted to appear on behalf of yvfsous summoned before a Military toure.) The Court was deckred closed, and subsequently the Pr?sident held a consultation with the Officer Commanding the District.' Wfcen the Court resumed, the President handed him a written order from, the Officer Commanding the District, requiring him to appear before the Medical Board at i p.m. the same day. He submitted to this under protest, believing the order to be illegal. Next day, he asserted, the Court assenbled, and adjourned for an hour, and on resuming the President read a statement which hesaid came from the Judge-Advocate-General, and announced that the Court intended to , proceed, whether Dr. Sharman was able to attend or not; that it would not allow him to be represented by counsel or friend; that if he were absent it would proceed with the inquiry; «nd that if lie wen;, "present . it would accept no responsibility for his health. He thereupon made the following objections, which the Court refused to note:—

(a) That the Court had-refused him the assistance of a friend. (b) That it had allowed an outside party to take part in its deliberations; ami, (c) That it had made itself ai vehicle to convey to him the orders of the Oificer Commanding the District. The President also refused to accept ■from him a.letter stating that he was unable, under inedieal advice, to condvct his, own (licence, and nroteslinp: against the Court's decision. The Court of Inquiry, plaintiff submitted, was now proceeding in his. absence. Its findings were of tho gravest importance to him, as his professional reputation, and therefore his sole menns of livelihood, were involved. The Court's action, he contended, amounted to such a denial of natural justice as to he illegal. Kβ also submitted that the Court had acted illegally in consulting an outside person,' namely, the Officer Commanding the District. The difficulty, it was stated, arose a» the application was made on' the eye of the vacation, and the defendants wished to examine the island soldiers who were about to leave for their homes; It was agreed that the inquiry should be held over till after the holidays except for the purpose of examining those witnesses. Mr. Justice Cooper said that very important law questions were involved. Argument wafi adjourned sine die.