THE KNYVETT CASE

Wairarapa Age, Volume XXXII, Issue 10234, 10 May 1911, Page 5

THE KNYVETT CASE

PROCEEDINGS AT COURTMARTIAL.

(By Telegraph—Press Association.)

WELLINGTON. Last Night. The Knyvett case v•> • re-open?'! tliis morning. Accused was aharg ••'! uti4er j.e'-. tion 50, with '-eing gui'.'/< r ■ en duct to the (prejudice of good order and military diso' / : -ie n that !'• commented on the action of a superior officer, the *'i • t <~i tli-j *» •*» t-r.i! Staff, in an •m*3roo> , r tr.'l niMi'-ft'di-nate maimer.

Th? Judge Advocate hold .that an alleged offence had been committed while the accused was in th<*; service, accused was now still amenable to military laws.

Captain Spencer Smith acted as prosecutor, and Mr F Neave as counsel. .<■

Captain Dawson contended that the prosecution was not entitled to /employ counsel, and tliat he himself was not appearing as counsel, but as the prisoner's friend. The Judge Advocate said that prisoner's friend oould merely act a;S I adviser, and oould not speak. The | counsel for the prosecution must- be I'allowed the same, .privilege. Accused I offered no objection to the comstituI tion of the Court.

Pi •isoner's counsel objected to the I charge on the. ground that it did not disclose the offence under the Army Act. It was contended that the President in the previous court admitted that the accused had a right to send a letter, a,nd that he was not charged | with that, but with making charges j against a superior officer! Counsel j contended that the prisoner had not gone beyond the limits allowed by the regulations, and contended that as the letter had been- sent by an interested person for the .purpose of , a judicial inquiry, it was privileged ! as in a civil case. Everything set out in> the statement claim is. privileged. The letter in question, as written, was the only method of obtaining a Court inquiry, and had sucli inquiry been .granted the prisoner would have had to prove the charges miade in the letter. Failing that proof he would have been punishable under military law. Counsel for the prosecution con-' tended that the prisoner'® letter was more than a request for an inquiry, inasmuch as it was couohed in language likely to impair the discipline and good conduct of the forces. lif Captain Dawson's contention was upheld, Knyvett would be no better off than previously, as he would still be a dismissed officer. The Judge Advocate said it was sufficient for the Court, to proceed with, and that Knyvett's letter wa.s not privileged. Prosecuting counsel said the truth

of the charges against Colonel Robin was irrelevant, and the only question, was as to the terms of the letter. Colonel Wolf", the officer commanding the Auckland district, testified to receiving a letter, and described the 'subsequent proceedings in Auckland.