DETENTION ORDER

Auckland Star, Volume LXXII, Issue 285, 2 December 1941, Page 10

DETENTION ORDER

OPERATION REFUSED

SOUTHLAND RESERVIST

(0.C.) INVERCARGILL, Monday.

A reservist was sentenced to defaulters' detention for refusing to submit to medical treatment when he appeared before Mr. R. C. Abernethy, S.M., in the Magistrate's Court. It was the first case of its kind in Southland.

John Francis Boyle, labourer, was charged with refusing to submit for medical treatment as a member of the Armed Forces. He was represented by Mr. E. Russell and pleaded guilty.

Senior-Sergeant Kelly said that when Boyle was called up it was considered that he required treatment. He was ordered to report at Kew Hospital for medical treatment on October 29 and failed to do so. He wrote stating that he was under his own doctor and he was not prepared to undergo an operation.

Mr. Russell said that the defendant s doctor had suggested an operation but the defendant had, rightly or wrongly, objected to it all along. He was prepared to serve anywhere, but he definitely refused to undergo an operation.

Well, Boyle, your counsel says you have no wish to avoid service overseas and you will go anywhere and do anything. The doctor says you can't go anywhere and do anything unless you undergo an operaj °i 1 * am soing to sentence you to defaulters' detention, which may be for the period of the war, because you have taken this attitude and refused to allow the doctors to perform an operation," said the magistrate. "Under the circumstances tnis Court is not going to allow you or anybody else to deify these regulations, which have been drawn for the country's benefit. If you are genuine in your desire to serve, then you can submit to this operation, which will co y°u good. It is not a serious operation and if you have it done your detention will be brief."

Boyle was convicted and committed to defaulters' detention.