OFFICER CHARGED

Manawatu Standard, Volume LX, Issue 158, 5 June 1940, Page 9

OFFICER CHARGED

WRONGFUL DEPARTURE. COURT-MARTIAL HELD. Per Press Association. AUCKLAND, June 4. A general Court-martial was held at Papakura military camp. Accused was Captain E. C. N. Robinson, who was charged with conduct to the prejudice of good order and military discipline, in that he proceeded overseas in one of His Majesty’s transports when cognisant that he had been found medically unfit to/*go and that a memorandum to the effect that he would jbe discharged had been issued by the | Northern Military District headquar- | ters to the camp commandant, Papa- | kura mobilisation camp, and to the officer commanding his battalion. Members of the Court ' were Lieutenant-Colonel E. F. ClaytonGreen, Major W. Murphy, Major J. G. C. Wales, Major C. N. Newman and Captain J, L. Muir. The Judge Advocate was Lieutenant-Colonel F. L. G. West. The prosecuting officer was Major' T. A. H. Oliphant and prisoner’s friend and defending officer was Lieutenant-Colonel C. Shuttleworth. Captain ' Robinson said he pleaded guilty and accepted full responsibility for his action. There liad been no connivance on the part of any officer, either in camp or overseas. The President of the Court read a summary of the evidence in which Major W. W. Dove detailed how accused, some time after entering camp, had, as a result of an X-ray examination, been found permanently unfit for both overseas and home service. Instructions for accused’s discharge from the camp had then been made, first over the telephone to the camp commandant and then by a written order. Accused’s commanding officer had later telephoned witness and queried the finding of the medical board. Captain Robinson had visited District Headquarters and had been told that there was no option but to discharge him.

ACCUSED UPSET. Evidence by Captain T. P. Laffey, then camp adjutant, was that a memorandum concerning accused’s discharge had been sent to his battalion commander with the notation, “For your necessary • action.”- Witness did not know that accused remained in camp. Lieutenant-Colonel C. S. White, camp commandant, said lie knew accused had to be discharged shortly before the men had t-o leave for overseas. He had seen accused and had said, “Of course, you can’t go.” Accused had agreed and had seemed upset. Witness had not seen accused at the station and had no reason to believe accused had been in camp continuously.

The prosecuting officer, Major Oliphant, said it was his duty to bring out any points in prisoner’s favour. Accused, it seemed, had never been officially notified that lie was unfit, he had never lieen marched out of camp, and, in addition, his name had appeared on his unit’s embarkation roll, so that, while that was the case, lie iiad been entitled to go on board his ship. Records showed that two officers should have been marched out on a certain date. Both names appeared in the same memorandum, Major Oliphant continued, but in part two of the unit’s orders. Under the authority of that memorandum the other officer was marched out, while 'prisoner was not. These points went to the root of the charge, which' was only that accused was cognisant of being unfit. Major Dove said Captain Robinson had served with the First New Zealand Expeditionary Force from November 1, 1915, till March 13, 1919. He was promoted captain in 1917 and was mentioned in despatches for distinguished service in the field. Practically the whole of accused’s service was front-line service, and he was looked upon all round as being 1 a very efficient and gallant officer, with a particularly fine war record.

VERY CONSCIENTIOUS. Lieutenant-Colonel Shuttleworth, in evidence, said that at the outbreak of the present war he had appointed accused recruiting officer for Morrlnsville district, and he had discharged these duties in a very able manner. He was one of the most conscientious officers witness had ever known and was regarded very highly in his district as a citizen and as a member of local bodies*and other organisations. Before the final addresses were taken Major Wales said it seemed to him to-be extremely difficult to accept a plea of guilty when, under the orders of his commanding officer, a-s represented by the embarkation roll and by the fact that he had not been inarched out, Captain Robinson had gone on board the transport. He was entitled, in these circumstances, to leave with his unit.

Given an opportunity to' reconsider his plea, accused said lie had no desire to reconsider it. He wished it to remain as it was. Addressing the Court on prisoner’s behalf, Lieutenant-Colonel Shuttlewefrth said that in extenuation it had to be remembered that the offence would have been avoided if the present system of medical examination had been .in' vogue. At that time the X-ray examination was not made before but after the men eittered. camp, and accused had been with his unit three months before being X-rayed. In mitigation or punishment, prisoner’s friend said accused had acted in full belief that by so doing lie would best serve his country. It was indeed, rather refreshing to find someone guilty of going overseas when there were so many in the country who were morally guilty of staying behind. Neither conscience nor sense of justice would allow the Court to place upon accused a sentence of any severity, LieutenantColonel Shuttle’wortli continued. Accused, it could be said, was being punished through having too been a sense of duty. The Court was then closed while it considered its verdict, which cannot be made known under the regulations governing the Court-martial till it has been confirmed by the officer convening the Court-martial.