COURT-MARTIAL.

Taihape Daily Times, 9 August 1918, Page 4

COURT-MARTIAL.

AN APPEAL DISALLOWED. WELLINGTON, August S. The Pul! Court delivered judgment' this morning on law points raised in the action brought by Samuel Edward Fitzgerald, against the court-martial, . That Court sentenced him to twelve • months' imprisonment for desertion. He claimed damages for wrongful imprisonment, on the ground that one of its members (Major E. C. Kirk) was on the reserve of officers and was not a member of the Defence Forces, and, therefore, not qualified to sit. The*-! Court held that Major Kirk was not amember of the forces, but cited a | case showing that a judge de facto 1 though not de jure, sitting w'ith other*- • competent judges, would not nullify a j judgment which was concurred in by all the other judges present. The Court, therefore, held that the sentence passed on Fitzgerald was not nullity, and if that was so then it could not be said that his imprison- 5 ment rvas improper, and consequently ! no action for such imprisonment could lie.