SOLDIER CHARGED

Auckland Star, Volume LXXII, Issue 181, 2 August 1941, Page 10

SOLDIER CHARGED

WEARING OF UNIFORM i CONSCIENTIOUS OBJECTOR I The court-martial convened to hear a charge against Gunner Benjamin j Brownrigg, of the 9th Heavy RegiI ment. <jf Artillery, was concluded late I yesterday afternoon, and the decision reached will be promulgated I when confirmed by the officer conj veiling the Court. The accused had 1 pleaded guilty to a charge of disj obeying in such manner as to show ! a wilful defiance of authority a law- ' fill command given personally by his ! superior officer in the execution of 1 his office, in that at North Head on ■ .Inly 17. 1911. when ordered to wear ; the King's uniform, he refused to [ do so. ; ?]vidence given by Staff SergeantMajor Henry Harland Johnson, of Papakura Camp, was that he knew that Brownrigg had strong religious i convictions and that accused was ] most sincere in his beliefs. I Appeal Dismissed i "According to the law, his appeal having been dismissed by the appro- , priate board, he is now a soldier I whether he likes it or not," said Mr. ; 11. E. H. Smytheman, in addressing . the Court on behalf of Brownrigg.

The accused's position is different from a soldier who has entered camp voluntarily, has taken the oath and out of sheer perversity has disobeyed an order." During his stay in the camp accused maintained the same attitude.

While the Court was not concerned with Brownrigg's religious beliefs or his conscientious objection, Mr. Smytheman submitted that the attitude adopted, in fairness to accused, should be taken into consideration. It was not a case of sudden and wilful disobedience, for accused had made known his position to the authorities all along. Brownrigg did not refuse to serve his country, and would do so in any civilian capacity at army rates of pay. Little had been done by the law to meet such cases as Brownrigg's. Ordained Minister Mr. Smytheman pointed out that Brownrigg had for the past 28 years bfen a member of the Assembly of Christians, and since 1927 had been fin ordained minister of that body. In 1927 he had preached in New Zealand, and in 1928 and 1929 had done so in Queensland. Following that he served in Singapore as a missionary for five years. Invalided home, he was convalescent for two years. As he was too ill to resume duty as a minister, he returned to his former occupation as a motor mechanic. He attended meetings of the church in the homes of members. Counsel went on to say that it was difficult to see what use Brownrigg would be in the army; in his opinion he would be more o»f a hindrance than a help. He would be better on the land or in a position where his mechanical knowledge could be made use of. There was an opportunity for the army to discharge a man who was no use to them. Accused had spent 14 days in custody while awaiting trial. The Court was then closed while the members arrived at a decision.