CHARGES AGAINST A VOLUNTEER OFFICER.

Press, Volume LXV, Issue 13612, 22 December 1909, Page 8

CHARGES AGAINST A VOLUNTEER OFFICER.

COURT OF ENQUIRY,

(PRESS ASSOCIATION TELEGRAM.) AUCKLAND, December 21. A Court of Enquiry into charges against Captain Knyvet, officer commanding No. 1 Company Garrison Artillery, has commenced. The Court consists of Colonel Cha.vtor, Wellington,' Major Sanderman, Wellington, and Captain Bosworth Auckland. Captain Knyvet was charged with fcrwarding a letter to the Minister of Defence criticising Colonel Robin. The enquiry was open to the Press, and the whole morning -was occupied in dealing with objections raised by Captain Knyvet regarding the nature of the charges, and under what law the charges were investigated. The Court held that the proceedings were under Section 180 of the New Zealand Defence Regulations relating to insubordination. Captain Knyvet was at the opening of the proceedings in consultation with a brother officpr, who is also a solioitor, and this was disallowed by the Court. Pressed to plead, Captain Knyvet said that, he admitted sending the letter, but denied that it was an act to prejudice good order or military discipline. He submitted that every officer had the right to apneal in military matters if he sent his appeal by the proper channel, as he had done in this case. In opening his statement, Captain Knyvet said during November he had a grievance against his superior officer, and after an enquiry held in Auckland, he was officially informed that he had in no way committed any breach of the regulations. As a sequel liH addressed a letter, couched in most respectful language, to the Minister of Defence, asking for an enquiry, and referred him to the defence regulations for his reasons in asking for an enquiry. Captain Knyvet asked an expn ssion of opinion from the Court as to his right to send that letter. The President: "We admit that you had a right to send the letter and to make complaint. You did not break the regulations by sending the letter, but the charge is that in that letter you sent, you made certain statements which were a breach of the regulations."

Captain Knyvet submitted that according to the regulations a volunteer officer had a right to complain, and did not commit a breach so long as foe sent the complaint through the proper channel It was usual under the military regulations that before placing an officer under arrest, a preliminary enquiry was held. Nothing of the sort was done in his case. The President: "Both the Defence Act and the Volunteer Regulations statfl that an officer may be ordered under arrest; a superior officer may uee his discretion." Captain Knyvet then argued that the charges now being enquired into were substantially different from those upon which he was arrested. The Court held that they were not vitally different. Captain Knyvett said he intended to take the matter to a higher authority. Criticising the charges, Captain Knyvet described the first two as absolutely meaningless and absurd. As regard's No. 4—that he -had documents in his possession which if published would create a scandal—that was also absurd. It did not disclose any offence, as it was no crime to have such documents in one's possession, unless they had been stolen. The Court upheld the objection to the charge, saying they would refer it to the convening officer to amend it or throw it out.