Flaw in Defence Act.

Maoriland Worker, Volume 3, Issue 87, 8 November 1912, Page 7

Flaw in Defence Act.

PROSECUTION FAILS.

AN AUCKLAND CASE.

A flaw in tho Defence Act, says an Auckland Press Association message of October 31, has been discovered in connection with the prosecution of a senior cadet named Pugh, who was charged with refusing to take the oath of allegiance. Defendant was a senior cadet, and, having attained the ago of 18, he was under compulsion by the Act to be drafted in the prescribed manner through the general training section in the Territorial forces. Giving a ruling on the point raised by counsel, Mr. Frazer, S.M., said he was unable to find anything in the Act requiring the defendant to take the oath of allegiance on being drafted into the general training section. He was certainly not a member of the Defence Force as defined by the Act. The general training section and the Territorial forces were two entirely different bodies. It was a matter of some importance, and he would be glad if the Defence Department decided to tako it to a judge of the Supreme Court, though personally he had no doubt about it. The case was dismissed.