MILITARY INQUIRY.

Dominion, Volume 3, Issue 696, 22 December 1909, Page 7

MILITARY INQUIRY.

; THE KNYVETT CASE. ■ r PRELIMINARY PROCEEDINGS.: ■ EEGULATIONS ; ANI) METHOD OP ■ : DISCUSSED. : : ; ; (By Tele E r<iDh.-si>eelal CorreioondenU •. m '.'■ ' .':■:". Auckland, December 21.'rho inquiry into the charges against Captain I'. 11. Knyvett, No. 1 Company Auckland Qarnson Artillery, in connection, with thelottershe. sent to tho Minister for Defence concerning Colonel Robin was thrown open to the press; Ihe inquiry commenced this morning, and was mainly remarkable for.the:number :of points and objections raised ty.Captain Knyvett. Tho rn? m eo i lsi v te 4r of Li <sutenant-Colonel Chaytor (Wellington), Major' Sandman .(Wellington), and Captaim Bosivorth (Auckland). In add ' hon to Captain Knyvott, Lieutenants PUllen and Greenfiough, of tho'No.' 1 presont. Colonel Woolfe (O.C Aucffid tnety present, .but took no part in tho proceedings. .■ . 'rwPJ 0 ? i ' len . ,; ' ssatedt ated that in New Zealand u nSaterSfish^rW^ry cause «t Heme, a Court of Inquirv waslhV ame viLF ' s. mary ln ? ulf y New Zealand; Therefore .it,was only, fair that the rules of martial. Iherp was no poorer.of punishment TW % 1 ' sh i ;o « r t of InenirJ, while a £ e L^ a J and -, C ??r t '/ ,f 1 I ?«l« i »y"W-the power court-martialj henco ; tho decision -to follow more the rules, of jirocedure of the.•court' martial, than the Court of Inquiry. S VsZpTtOi K . n >; Tett "ked what secfion of the *<<™, Zpaland law covered the case. Colonel.Chaytor said,the only section that it under was that reforring to inZealand, defence regulations. .■■",-.

;■ ->;..A Question of. Privilege. ;/ - After, some: disputation, on'this obint tiii accused officer d.W the" attention of he K'S 1011 m d _> regulations,.which &et out that, every officer,,has 'the right to wtw wyl? 1, -There, is ,no question you that ™. ■ W r fh Pfper channel, or C n J W.•.^β■ right;to senS a letter; but ier v ? d # :^W: tho.let act, and! auii Dntitled.to know what ?RTh extracts; ar *;SeS ! ■■■• Tho 1 * >»*-«. -wi-v-i respect; sir, that the ,whoo charra is;wron B ly'.laid witted "/,? "f" 1 tho , t or * tl>at '! 5«o-£_!' .rnitted ; an I want; to know;.what it _ Colonel Chaytor:l: atd in : the same r difficnltv' *hii OU I £,M *tM?V ha 3 Si-advict "the ace' Ik tfc M * thlDk ? e - musk h °l d that , •<W • #■ t Kg 1 . Br ee made,in the letter."' ■■ ' TinfeS f ?3rTc i ta flection was disallowed. Uptain Knyrett asked' the Court'if he could (referrpto^LS; /The BuVho.'is a^solicitorl'-He -. Uptain Knyvett::But :X claim that 'it' ia' I l fr™ / y right obtain the" assistaaci : o S«n fw I?ft,i Wt" ,111 ? , that ' the -™*' JuKS arc a Lourt of.lnquiry. • - . , '■'~ \ ba c ° ur t ••:•■ disallowed :■" Captaini : ixrnWk .^^■t^a^

;.; :; • Captain Knyvett's; Statement. "• ' : M j 'In opening ■Uβ;;statement. Captain "Knvvott him to fM a " in H and '"'erred' SJ^ ld ,M,K give -S^'to ■«howOT •: the charges'were ..ri ff ht.or.-TO)nK stated, that *thi Court w g ould g J μ-w °P lmon > <md that ;their opinion would bo RiTon in a closed Court. ■ T ulon ■-.Captain Knyrott asked foraan expression 'ol The President: Ton did not ; break the' reinimmmm tna^ri fW* •'' : &£<*!«* consider^then that I had- the, right.,to send a letter com? pWg^about'a.superior o fficDr .. In order to , obtain'redress'^ 'Jj* :the. ohar B e: : here\i a : ttsf submitted that according to ld : b6^ antedi * .. The .President 'in ■'forwardinc '■■ a L°f? he-,r °V ld i l=e justified in' eendmgVa ;;r Tho President:, No.. ■':■',' - ;, r ' '■,V ; ;■:.''

v" ; -■■■'■■ , ;J :V : '^ : .':the; . ; -; v/" ,-;;; v .Captain ■■■ Knyvetti ;t ; ■> consider: that- the are totally distinct m every -way from the char .e,es ngainst me in this court I' would, like to point out that it is, usua" undfAfflLltary,reßulalillnsthatbef <>«'Placing ?Y»?r e eny n 2 d j !lv a " e ?t, » preliminary -Luir? "^r?^ ,1 ? ?j «"> sort-was, done ip my case. • Yet. it is laid down, most distinctly \ am jusV pointing this out to show that In my personal caso.the usual Regulations were not ap-

The President: Itfmay bV'so, tut it 'is hot compulsory. Both the'Defence-Act" and thl< vplunter. regulations state; that .an officer :-maV i tip ordered under arrest ■;■•-.■•*• - ' •Captain Knyvettt Yes, bat after 'in -inquiry surely I was not considered to-be such an'awful andjdangerous man as ail-that;;> ?"; ™ : -Captain -Kuytett: next. asked who was■ the officer ithat iplaced- him , under arrest, and bv whose:.ordetß'was he; placed; under, arrest. ';' > . The President :-l know nothing about that: i Captain Knyvett: I was informed by tho ofcommanding the district that ho was or. dorod, to place■nip under arrest. ;Ho gavo mo this information at my. request, and I should now «1. J? -??\ fcvhaxi instructions -I was thus, placed. It. has been elated m the.papers all ovorthe, country that the officer commanding the district placed meundef arrest, but when I asked him ho eaid it was hot so. > .The President: As a matter of fact ho did, but it was according to instructions. : " ~ Captom-Knyyett-went on to ask that the evidence taken at the Court of Inquiry, held in November should bo produced. • , v Tho President:; Well; tho evidence takon at the court of, inquiry-— ' , , : ■ .- ' ~. Captain ICnyvett: Is the tale of the whole inquiry.,-It-was as a result of my letter dealing with that matter that I am now under arrest.: .: ; . .-. ~ ■ .;: The Rule of Procedure.; ■ . The President: Hero again w<3 conio to the difference between our Court and a full Court of Inquiry.' If you look uppago79, "Military tm,' r - or page. 522 on rule of;procedure you will see that.it is set forth : that the proceedings; at acourt of inquiry: aro not to bo used ns evidencQ in the higher court. Captain ICnyvott: Is this, then, ■ a : hinhor Court? •'■:■ .. ■• " ; - : -: ;/ - .:,: ; '-:v,.' l^: Tho Prosidont: This is a higher Court'than a .'■ Court of preliminary inquiry. Tho first inquiry was merely to allow a superior officer to dooido whethor thoro.is eullicfent evidonco to warrant tho; holding- of \a; Court of Im quiry. :.'-- : ' • >.-- '■.■'.■■'■■■;■.■'•■■:'.■.■■■•:■■,■■■'.. :. v Caßtaio- rA-nJ I eubmli *lnt\ the

otlici Couit hos (livlnittly n preliminary Out ot hiqujij on iii.a insu It is a matter ,' ot gittVQ couain. It lius oliojdy cost mo huii- ' dreds of poundb iu my business, and has aflocted me In many ways. Iho court was cleared while tlic point was decided, , Captain Knyvett reiterated the point that the charges now- being inquired into uero substantially different from those upon which I ho was arrested. Tor throe weeks ho had I been without knowing what was going to bo s wn a ? d an , a PP llca tion had bcon sent on to I Wellington asking either that i the charges bo l gone on with, or that he lb relieved from ' j arrost, but nothing was donsj and then sud. denly on Saturday last, tlwso new charges ' " j were laid against him. .{ At his request, tho Court noted hie objection I ■ that ho considered that the charge was unusual . J and improper. Captain Knyvett further complainod that the ' time was insufficient to allow the calling ot " jutnesses as prescribed for in the regulations. This objection was also noted. «"*•«"». nffnn" a- 0 " Y, ent on to urge that the offence disclosed in the charge was no offci.ee fh f l £ I ? lh / ary aw> He also complained that extracts from his letter to the Minister ' for Defence had been so ehom of their context > •as to con^ f y qu,te a different impression to what was intended to bo conveyecf, 3VS SVrtporttUr VhL , , letter? OSCnt: D ° y ,,11 admit BeniJijl ß «*• c ,»;PWn Knyvettl 1 do. In r n a g y s°o U t0 6hoff aat WSS iffi The CharjM Reviewed. ' i i W n1 P h ,n Knyv ? tt the chargw brought against him, charactemmg sonorf b fefpwsiaifsis£ session certain doeumonts which, if published! jould create a sandal throughout the - wherein lay ; the. offence. Ho contended' there ivas none in tho bare fact 'of Mm posseS them documents ' so lo °S as ho did not steal ' upon this'point, and decided;, to strike out v the particular charce, fraS . v Captain Knyvett intimated that he has fortj .witnesses to'call,' ■'■• ". ■■' ~ ■'■■•?. * '