COURT-MARTIAL

Auckland Star, Volume LXXII, Issue 169, 19 July 1941, Page 9

COURT-MARTIAL

SOLDIER STOWAWAY

FOUND ON HOSPITAL SHIP

(P.A.)

WELLINGTON, Friday.

Accidentally locked in a padded cell in the New Zealand hospital ship upon which he had stowed away, Private Robert Hope Martin was discovered soon after the ship had left port in Egypt. He was charged to-day before a district court-martial with deserting from His Majesty's service, in that in Egypt, on or about June 7, he absented himself without leave from the ISth Battalion. New Zealand Division, until apprehended concealed in No. 1 New Zealand hospital ship at sea on June 11 dressed in civilian clothes.

Lieutenant-Colonel J. P. E. Veale was president of the Court. The prosecutor was Captain G. R. Powles and the defending officer Lieutenant B. N. Vickerman.

Martin, who pleaded not guilty, said he was assistant cook at base headquarters in Egypt. He had heard that some New Zealand personnel were to return to New Zealand and he decided, as he was run down, to take a trip home. He left the base and went to the port from which the ship was leaving. He met some Scottish seamen and some Australians. who invited him to join them drinking beer. He said he was going to take a trip on the ship, but could not get aboard in uniform, and it was suggested that one of the men should change clothes with him. They did so and he got aboard, saying he was one of the crew. Locked in Padded Cell Martin said he eventually reached the padded cell and while he was in it someone, seeing the door of an adjoining cell swinging, bolted both doors and locked him in. not knowing he was there. Because of the heat in the cell he was in a state 01 collapse when released. He told the captain he was a New Zealand soldier and handed him his paybook and identity disc. The captain handed him over to the officer commanding and he was charged. "I never intended to desert the army and I am still a soldier," Martin concluded. Cross-examined, Martin said the state of his health and nerves caused hife decision to get back to New Zealand, and the only possible chance he had of boarding the ship was by using civilian clothes. He intended to use them only to get aboard the ship and then to get his uniform again. He had never reported sick, except once, when he had influenza in Greece. He could have reported sick when he felt in bad health in Egypt, but he knew he could not get much satisfaction. His sickness was more or less mental and nervous disability. He did not suffer from mental delusions. "How did you cease to be a member of your battalion and be posted to base headquarters in Egypt?" asked a member of the Court. In Air Raid in Crete "In Crete I was in an air raid and i was bombed at Suda Bay," said Martin. "I remember shrapnel flying all around me and then I remember being in what seemed to be the same air raid, but I was aboard a tramp steamer and it was being bombed and machine-gunned. The intervening time is just a blank. Whether I was struck by shrapnel or suffered concussion I could not say." Martin said the ship went to Alexandria and by virtue of his injury he went to a base reception camp and from there to base headquarters, where he heard they wanted cooks. He put in for a job and was six days in a kitchen as a cook. Captain Powles said Martin's contention that he was not a deserter almost amounted to a question of law. The prosecution submitted that if a man left one branch of the service intending to go to another he committed the crime of desertion. Martin's story seemed to ring fairly true. His state of mind was that he was going to get out of Egypt somehow. After the Court had deliberated. Lieutenant W. Wood, assistant provost marshal, Central Military District, produced the record of the accused's army service. This included sentences of 28, 10 and 28 days' detention respectively on three charges of being absent without leave on active service. A record of the proceedings was forwarded to the officer convening the court-martial, Brigadier N. W. McD. Weir, N.Z.S.C.