BREACHES OF DEFENCE ACT

Wairarapa Age, Volume XXXII, Issue 10599, 3 April 1912, Page 5

BREACHES OF DEFENCE ACT

(By Telegraph.—Press Association.) WELLING/TON, Last NigM. Mr W. G. Biddell, S.M., delivered judgment to-day in the oases* of Victor Fui-ness and" Frank Murphy, who were proceeded against by the Defence Department for failing to attend the recent Harrison Artillery camp. At the first hearing, the question of jurisdiction was raised on the ground that the alleged offences were such as should be'dealt with by the Defence authorities • under their own regulations, appearing-hi fh*i N.Z. Gazette of.May, 1911. Hiks. -Worship consider-. eel that as all Territorials were subject to military l&w, and a« there were regulation™, force which gave ample, and special power to the military authorities to deal in detail with breaches of discipline, proceedings against offenders for such breaches should be taken under the, regulaJtions,and not under section. 51 of the Defence Act. Further, as personal service varied in character and was' spread over an annual period, tlie. defendants should at least have had an. opportunity afforded them, during eaxili* training year, of rendering the reo/uired service within that year. iQos-ts ■ were .app!«d 'for on the ground -that the case 'was one of considerable importance, but ffis Worship rerWd, beeanise the case was a test case.