INTERESTING APPEAL COURT CASE.

Taihape Daily Times, 4 July 1918, Page 4

INTERESTING APPEAL COURT CASE.

COURT-MAHTIAL'S DECISION

QUESTIONED.

WELLINGTON, this day

The Appeal Court to-day is hearing the case of S. E. Fitzgerald versus Colonel MacDonald and'others, claim of £IOOO. The plaintiff was a ship's steward, who was drawn in a ballotwhile on a voyage fo Frisco. He was arrested as a deserter oh March 10, 1917, and sentenced to 12 months' imprisonment by court-martial, of which R. C. Kirk was a member. It is contended that Kirk was not qualified to sit, being at that time on the retired list; also that Fitzgerald was not a deserter, and only pleaded guilty because the Court did not inform him of his rights. The defence denies that the Court was not duly constitute©:, and even if so, that the decision was unanimous and was not affected by Kirk's presence; also that action was not taken within three months, as prescribed by the Defence Act. The Court of Appeal has by way of preliminary to hear argument on the law points involved in the case. Mr. O'Regan appeared for plaintiff, and the Solicitor-General and Mr. Prendeville for the defendants. Mr. O'Regan contended the Military Court acted without jurisdiction and in such case its acts are ultra vires and can be reviewed by the Civil Court.