GUNNER'S OFFENCE

Auckland Star, Volume LXXII, Issue 212, 8 September 1941, Page 8

GUNNER'S OFFENCE

ABSENT WITHOUT LEAVE

DESERTION" CHARGE DENIED (P.A.) WELLINGTON, Sunday. Before a court-martial at Fort Dorset yesterday, Gunner Handley Page Ells, aged 22, of the 7th Heavy Battery (Coastal Artillery Searchlight Section), 10th Heavy Regiment, N.Z.A., was charged with desertion and with absenting himself without leave when under close arrest. He pleaded not guilty to the first charge and guilty to the second. The decision of. the Court will be referred to the officer convening the court-martial, Brigadier N. W. McD. Weir, for his consideration.

Evidence was given that Ells had been given two hours' leave on June 20. He was finally posted as deserted and arrested by the civil authorities in Clive dressed in civilian clothes. He was marched into Fort Dorset under close arrest on August 13 after an absence of 54 days. On the night of August 24 he and another man escaped from close arrest through an unbarred window and Ells was marched into the fort again on August 26 under escort.

Giving evidence, accused said he had been in New Zealand for 14 months, previous to which he had been a gunlayer on the Empress of Britain. He had been in the merchant navy for eight years as a rating. He could not find employment for the first two months in the Dominion. He was married five months ago and prior to absenting himself without leave there had been financial trouble in his home and he left the fort in an endeavour to improve the position by getting civil employment. In the time he was absent he worked on a farm and when his financial position was put on a proper basis he intended returning to the fort.

Cross-examined, Ells said he deserted from the Empress of Britain. He had no idea he could be discharged from military duties because of "hardship. The president of the Court was Major A. E. Gorton, and the members were Captain V,*. Huse and Captain G. G» Wallace. The judgeadvocate was Major A. B. Sievwright, New Zealand Army Legal Department, and prosecuting officer Captain J. R. Bennell. The defending officer was Lieutenant R. N. Patterson.