AIR FORCE COURT MARTIAL

Press, Volume LXXIX, Issue 23916, 7 April 1943, Page 4

AIR FORCE COURT MARTIAL

PILOT FACES THREE CHARGES ONE COUNT DISMISSED An accusation o1 conduct prejudicial to good order and Air Force discipline by improperly obtaining access to information about the posting of personnel, made against Sergeant Thomas Rodgers Donaghy, was dismissed by a court-martial at a Royal New Zealand Air Force station yesterday. Donaghy was also charged (I) that >n a report he knowingly made a false statement in that on January 27, 1943, having completed a flight authorised .as a navigation flight, he entered in the flight authorisation book initials to the effect that the duty, as authorised nad been carried out; (2) and that he disobeyed a lawful command given by a superior officer in that when ordered by his flight commander to carry out a navigational flight, he did not so so. Donaghy pleaded not guilty to all charges. The findings of the Court on these two charges will be forwarded to the convener, Air Commodore R. B. Bannerman. for confirmation. The Court comprised;— Wing Commander S. L. Gilkison (president). Squadron Leader G. C. Martin, and Flying Officer J. H. M. Carswell. Pilot Officer J E. Farrell was prosecuting officer and Flight Lieutenant R. S. C. Agar was defending officer. The Judge advocate was Flight Lieutenant N. A. Morrison. The prosecution in the first charge of misconduct alleged that Donaghy had broken into a cabinet In his squadron leader’s office and obtained Information about the posting of personnel. A carpenter, Leading Aircraftsman F. Kennedy, gave evidence that the cabinet had been broken open. Squadron Leader G. M. Firth detailed the information kept in the cabinet. Statement at Dance His suspicions had been aroused when accused had asked him, at a passing-out dance, why he was not being sent overseas, said Flying Officer G. C. Arklev. When questioned how he had any information about postings, Donaghy had said a cupboard had been broken into. Witness considered that accused was sober when he made the statement.

Accused was definitely under the Influence of liquor when he had made similar statements to him at the said Flying Officer M, W. Waters. Donaghy had not indicated that he himself forced open the cabinet. Flying Officer Waters said he had not taken much notice of Doraghy’s statement because of his condition.

In a statement placed before the Court Donaghy said that an airman sweeping out an administrative office on the station had come upon a rejected slip bearing notes which appeared to have been taken in a telephone conversation. Indications of postings were given, and this was where he had obtained his information. He had been celebrating at the passingout dance and was not prepared ,to discuss anything he might have said. The prosecuting officer said his case rested mainly on Donighy’s admissions. The evidence about the forcing of the cabinet was unsatisfactory and he would abandon it. However, Donaghy had no right to investigate papers found in an officer’s quarters. The defence was that Donaghy had naturally anxious about his future posting and had availed himself of an opportunity of intelligence offered by another man on the station. It was unfortunate that He had mentioned this under the Influence of liquor. If the note the men had seen was confidential, it had no business to be left about where they would be working. The charge was dismissed. Unauthorised Flight

Opening evidence on the other two charges. Flying Officer F. R. L. Bennett said he had taken a summary of evidence from Donaghy in which he admitted making an unauthorised flight over Mount Cook on January 27, and also admitted that he Initialled a form Indicating that the prescribed flight had been carried out. Called again. Flying Officer Arkley reported a similar admission by accused at the. passing-out dance. It was the practice for pilots to enter the initials D.C.O. In the authorisation book, indicating "Duty carried out.” on the completion of exercises, he said, answering a question. To the defending officer he said the suggestion that more time than had actually been recorded was often entered to boost up training hours was entirely incorrect. Log books were always checked after navigational flights. During subsequent argument. Flight Lieutenant Agar asked if it would be proper for him to indicate that there was some looseness in the supervision of records. '

The president; It would not be defence but It might be mitigation. Practice on Station

' Flight Lieutenant Agar later crossexamined witnesses about practice on the station where the offence was alleged to have occurred, ponaghy’s navigator, Sergeant E. R. Hope, said records of flights were often not checked. He knew of instances where certain assigned exercises had not been carried out and pilots had been Instructed to enter them as completed. Flying Officer D. A.'Young, who ordered Donaghy to make a cross-country fi g't gave evidence of operations on pis station.

Accused admitted making the flight over Mount Cook, said the defe-ding officer but be d-nl-d that an offence had been committed Personnel on the station concerned had fou-d that little Interest was taken in the flights as they became advanced punlls, and it appeared to them that th- sole object was to build up flying time. Accused had covered the course instructed many • times and when he encou”ter'd bad weather along the must he made a diversionary flight 10 Mount Cook.

As the aircraft did not have certain '•auipment. It seemed reasonable that Donaghy should not carry out his inst'-uv-Mens to the letter urder the conditions encountered. Practice on the station made him think It was not Important to notify that he hart marte a different flight from nv-t ordered. It apD'ared to him that living oractice was what had been .’eoulred Tn a statement along these lines, Donaghy adder! that once, on a ferry flight between air stations, he had done !l) ml-'ut-s instrument flvine and had been directed to enter the time as 30 minutes. The Court will forward its findings to •he convener.