THE FITZGERALD CASE

Ashburton Guardian, Volume XXXVII, Issue 9126, 23 October 1917, Page 2

THE FITZGERALD CASE

WRIT FOR DAMAGES.

WELLINGTON, Oct. 22. Acting on behalf of Samuel Edward Fitzgerald, to whose case reference was made in Parliament a few weeks ago, Mr P. J. O'Regan has issued a writ claiming £1000 damages for wrongful imprisonment against the following officers comprising the courtmartial Which sentenced plaintiff to 12 months' imprisonment:—Captain Maedonald, Lieutenant-Colonel Pringle, luchard Kirk (barrister and solicitor), Captain Thring, Captain Satler, Captain Kewish, and Colonel J. E. Hume. Tho action is grounded on the allegation: that the court-martm! was illegally constituted, as Kirk was not qualified to sit, being at the time "an officer on the retired list; also, plaintiff was not, in fact, a deserter. > . .If will be remembered that when the second reading of the ■ Expeditionary 1 orces; Act Amendment Bill was being ' considered in Parliament, on the night of September 14, Mr P. C. Webb drew attention to Clause 10 beinjr intended to- act retrospectively, and alleged that tho purport of it was to legalise the tribunal by which Fitzgerald was sentenced. ', ' ' .

The debate was adjourned, and hns not since been resumed. .

Fitzgerald's sentence was remitted early in September, and he is now at Trenthatn.