THE KNYVETT CASE

Taranaki Daily News, Volume LIII, Issue 297, 10 May 1911, Page 5

THE KNYVETT CASE

RE-HEARING OPENED. By Telegraph.—Press Association. Wellington, Tuesday. The Knyvett case was re-opened this morning before a court comprising Colonel Heard (president), Licut.-Col. Burnett Stuart, Major Menzies, Major Turner, Captain Robert, Lieutenant Thornton, and the Judge Advocate, Lieut.-Col. J. R. Reid. Captain Dawson, of Auckland, acted as prisoner's counsel. Accused wag charged under section 40 of the Act with having been guilty of conduct to the prejudice of good order and military discipline, in that he commented on the action of a superior officer, the Chief of the General Staff, in an improper and insubordinate manner. The Judge Advocate held that as the alleged offence was committed while accused was In the service accused was now still amenable to military law. Captain Spencer Smith acted as prosecutor and Mr. T. Neave as counsel. Captain Dawson contended that the prosecution was not entitled to employ counsel, and that he himself' was not appearing as counsel but as a friend. The Judge Advocate said that the prisoner's friend could act merely as adviser, but not speak, and counsel for the prosecution wag allowed the same privileges. Accused offered no objection to the constitution of the Court.

Prisoner's counsel objected to the charge, on the ground that it did not disebse any offence under the Army Act He contended that the president of the previous court admitted that accused had the right to send a letter; that he was not charged with that, but with making charges against a superior officer. Counsel contended that the prisoner had not gone beyond the limits allowed by the regulations, and contended that as the letter was sent by an interested person for the purpose of judicial enquiry it was privileged, and, as in a civil case, everything set out in the statement of claim was privileged. The letter in question was written as the\jnly method of obtaining a ceurt of enquiry, and had such enquiry been granted prisoner would have had to prove the charges made in the letter, and, failing proof, he would have been punishable under military law.

Counsel concluded by contending that the only charge possible under the section mentioned could be one of making a false statement.

Counsel for the prosecution contended that prisoner had gone further than make his letter a request for enquiry, and had made it impertinent and given ground for scandal. Further, counsel said if the plea of prisoner's counsel were upheld, Knyvett would be in the same position as just before the present enquiry, namely, as dismissed from the service of the Governor. He contended that accused must be called upon to plead to the charge. Mr. Dawson, in reply, submitted that accused naked for an enquiry, and went no further, and therefore the charge must fail.

The Judge Advocate said it was clear that if prisoner had a grievance he should be granted nn enquiry, but he held that the letter was not part of the proceedings of the previous court, and consequently was not privileged. Prisoner was entitled to make a complaint but not to do so in an insubordinate and proper manner, and therefore the court had jurisdiction to proceed with the case. Accused pleaded not guilty. Counsel for the prosecution then outlined the charges. The questions were: Did accused write the letter in question, and was that letter couched in te'rms likely to prejudice the good order and discipline of the forces! The question of provocation was irrelevant, and the truth of the charges made against Colonel Robin did not enter the case. Knyvett had no further complaint against Cslonel Robin's so-called officialdom and interference than had any other officers of the New Zealand forces, so there could really be no question of provocation. The prosecution would ooject to questions dealing with the truth or otherwise of the charges against Colonel Robin, as the only question for the court was the wording of accused's letter.

Colonel Wolfe, officer commanding the Auckland district, deposed that he received a letter (produced) from Knyvett and the subsequent proceedings in Auckland.

KNYVETT GIVES EVIDENCE. Wellington, Last Night. Colonel Wolfe said he was sorry to forward Knyvett's letter to headquarters. He thought Knyvett knew at the time that witness was anxious that the letter should not go. Knyvett could not have misunderstood that. Witness considered it insubordinate. Captain Dawson, counsel for prisoner, said the prosecution based its case upon the point that Knyvett was warned of impropriety and insubordination. Knyvett, in his evidence, outlined the particulars of the case familiar io the public. He admitted having been warned by Colonel Patterson that the letter he sent to headquarters was ' "pretty hot," and if he were not sure of his facts he would get into trouble. Colonel Wolfe had told him the samei In cross-examination, Knyvett said he had no alternative but to make the charge. Knyvett was still under cross-examina-tion when the court martial adjourned till to-morrow.