ESCAPE FROM ROTO ROA

Press, Volume LXXVII, Issue 23324, 9 May 1941, Page 12

ESCAPE FROM ROTO ROA

—, — CONVICTION ENTERED (P.AO AUCKLAND, May 8. • In a reserved judgment delivered in the Magistrate’s Court, Mr J. Morling, S.M., disposed of a charge of escaping from the Roto Roa inebriates’ home, brought against Paul Desire Nestor Verschaffelt. aged 52, formerly Public Service Commissioner. After dealing at length with the two lines of defence taken by Mr Noble (counsel for Versehaffelt) and what .he termed ms "skilful argument” of the matter, the Magistrate convicted and discharged Verschaffelt. , .. Verschaffelt was arrested on the charge on April 24, on the arrival of a vessel from Roto Roa Island. When the charge was heard in the Magistrate’s Court last Thursday Mr Noble the legal defence that Verschaffelt was not a lawful inmate, and was therefore not subject to the clauses of the act. He had . been sent from Wellington to Roto Roa for two years, and then had been transferred to the Auckland prison by order of the Minister for Justice. A writ of habeas corpus had been obtained in the Supreme. Court, the Judge ordering (hat Verschaffelt be released .from prison. Verschaffelt voluntarily re-; turned to - Roto Roa.. Counsel submitted that as the originalwarrant had been superseded, and accused was released without being subject to such warrant, he was no- longer a legal inmate. It was argued by Mr Meredith, who appeared for the Crown, that the latter order did not supersede the original legal warrant committing accused to Roto Roa, which remained in full force and. effect ' ~ - “It . appears to me,’’ said the Magistrate, "that the Minister’s order had no more effect upon the legal status of the accused as an inmate of the home than if he had been taken therefrom by anyone without a semblance of authority. However, in niy. opinion accused, was in lawful custody at' the time of :his escape, and he could have beeni apprehended if he had -not returned. He says hje l returned volun-tarily,-and had the distinction of being the guest of Major Norman, the. superintendent/ At; least it, appears that his claim:- that he was not in lawful custody was. genuine,' though in. my opinion wtong,:-and;his 'escape was made/,quite openly., Therefore I will Impose no . penalty.” .