UNWARRANTED BLOW

Manawatu Herald, Volume XLIX, Issue 3795, 22 May 1928, Page 2

UNWARRANTED BLOW

BORSTAL ESCAPEE STRUCK.

COMPLAINT ABOUT WARDERS’ CONDUCT.

Wellington, May 2U. That Warders Kennedy and Robertson are guilty of a breach of discipline and prison regulations in each striking an unwarranted blow at a surrendered escapee, is the linding of Me. U.. Cruickshank, S.M., who, at the instance of the Minister of Justice, conducted an inquiry into allegations of brutal treatment by Borstal ollleers of a recaptured inmate named Flanagan.

“The inquiry," states the Magistrate, in liis report, which was released by the lion. K. J. Rolleston on Saturday, “took place in open Court in the Invercargill Magistrate's Court, the public being invited to attend and give evidence and assistance. The local Press also helped to make the matter as public as possible. Three officers immediately concerned in the capture were represented by local counsel, who examined and crossexamined the witnesses, and addressed me on their client's behalf.

“i had on the facts that Flanagan was struck once by each warder a blow hard enough for the marks of them to be seen two days later, i am further satisfied that Mr. Trimble took no part in the striking and was unaware of it, anil nothing that this officer did in any way detracts from his fine re cord m the past.

“As to \\ orders Kennedy and Robertson, it is, of course, easy m the light oi after events from an office desk now to condemn them as guilty of a somewhat cowardly assault upon a youth who had surrendered to them, who was in their power and could not retaliate, and who was weak from exposure and want of food. “At the same lime an exaggerated anxiety about the sacred nature of the persons if inmates who escape from the Borstal, will have liie elfeet of encouraging other inmates to run away, if a favourable opportunity offers. “The conduct of these warders in striking Flanagan was wanton and senseless; but the two blows were not in any way severe. Flanagan himself said to them, ‘Oh, cut that out,’ thus protesting that it. was quite unnecessary, and his words recalled the warders to their senses, and they immediately, 1 should think, shamefacedly stopped, for, like a mother who slaps ! a runaway or naughty child, they thereuLter could not do enough for Flanagan in ministering to his comfort. Flanagan himself made light of the blows/ evidently thinking that he received only pdiat lie deserved.

“There is this much to be said for the warders: This was' the third escape that month; they, had been out in the Otatara busk' searching for Flanayan for three mights and days in dreadful weather, and their tempers were frayed by the action of this youth in giving thjem all this extra work and trouble.

“The other escapee, Max field, had stolen a revolver and cartridges, and he had not scrupled to point this loajdcd weapon at all who obstructed his jpassage. It was known that Flanagan had stolen a shot-gun, and the fear of his being armed made the warders stern in their manner of arrest and search. “NO EVIL INTENT.” “To summarise, I find that Mr. Trimble is completely exonerated. W arders Kennedy and Robertson were guilty of a breach of discipline and prison regulations in each striking an unwarranted blow at a surrendered escapee. The evidence convinces me that the first reports of the eye-witnesses were exaggerated unwittingly and the alleged assault, in fact, consisted of two blows only. The warders have this excuse in mitigation that there was no evil intent behind their acts, and the blows were gven in a momentary temper inspired by the thought that the lad had given thorn an amount of extra work and needless trouble.

“It is not within my province to deal with the warlers, hut if 1 wo_ aid be permitted to make a suggestion 1 think that this whole inquiry has taught them a lesson, and a severe reprimand would meet the case.”