MILITARY APPEAL BOARD.

Taihape Daily Times, Issue 220, 27 March 1917, Page 4

MILITARY APPEAL BOARD.

FATHER FAY’S APPEAL. i ADJOURNED SINE DIE. BLENHEIM, March 26. i At the hearing of an appeal by Father Patrick Fay, before the Canterbury Military Appeal Board, a copy of a newspaper was produced containing a report of the Archbishop’s appeal in respect of the same priest in Wellington, ■ where his case was adjourned sine die, with a condition that the case be ;re-heard before the Sec- | ond Division. ~■, 1 The Chairman {Mr. Evans, S.M.), gave an important- and far-reaching decision regarding the Minister’s certificate. He said it was a mistake to hav e a personal appeal before one ! Board and the Archbishop’s appeal I before another. There was no Minisj ter’s certificate attached to this ap- ! peal. He regretted he could not follow j entirely the decision of the Wellington Board. He did not consideI r ~the ! Appeal B'oard could put any condition on the Minister’s certificate. Unless ! evidence justified the Board in overriding the certificate, the certificate was prima facie evidence of hardship to become conclusive evidence of hardship. Unnless evidence to the contrary was adcuced before the ! Board, the duty of producing such evi- | dence, if it existed, lay on the mili- | tary authorities. If no such evidence | was produced the certificate, as sufficient evidence of hardship, should be given effect to unqualifiedly. As a certificate had been issued in respect of this priest, this would act on it, as no evidence to the contrary was brought before the Board. The appeal was adjourned sine die, j without the condition imposed by trie I Wellington Board.