EXCUSE NOT ACCEPTED

Evening Star, Issue 25141, 3 April 1944, Page 2

EXCUSE NOT ACCEPTED

DIREGTON TO ESSENTIAL WORK

The excuse given by Peter John Klimeck (42) that .his health would not allow him to undertake heavy work was not accepted by Mr J. R. Bartholomew, S.M., when Kh--meek pleaded not guilty in the Police Court to-day to a charge of feiling to comply with the directions of thft man power officer requiring him to carry out essential work at the pottery works of McSkimming and Son Ltd. at Benhar. Tbo defendant was fined £5 and costs (£2). Mr H. J. Haub, who represented .the National Service Department, which prosecuted, said that Klimeck was called up in the fourteenth ballot, and while in camp, where ho was a steward in the officiirs' mess, he applied to be discharged from the Army so that he could resume oi-cu-. pation as a taxi driver, or as an alternative take up any essential work to which he should be directed. The military authorities Said that'as the defendant was mess steward another man would have to take his place before his discharge would be granted. Klimeck was finally released from the Army on the undertaking that Ee would take up work at the pottery concern of McSkimming and Son Ltd. Early in December of last year he,was seen by one of the officers of the prosecuting department driving his taxi in the city. When he was first interviewed by the department he had said he would not go to Benhar. as the work would not suit him. This statement was made before he had even been there. However, he subsequently agreed to go, and was shown the type ot work-he would be expeoted to do by Mr McSkimming, works manager. However, ho declined to take up the position, and left for' Dunedin again the same day. Evidence was given by S. A. McSkimming, the works manager, that Klimeck had told him that to accept the work would be a waste of the defendant's time and his' own time, as the former had pointed out that he had never done manual labour. Klimeck had impressed witness as being in a hurry to catch the neit train hack to Dunedin. He had no luggege at all with him. Mr A. G. Neill (who represented Klimeck) : What class of man did you want for the job? Witness: A man who would work. I made that quite clear to the National Service Department. Counsel addressed the- court, and said that Klimeck was grade 11. He had been in camp for 18 months and was a bar steward. Before being a taxi driver he had a shop in South Dunedin. Counsel said that, the defendant suffered from trouble to his feet, had been in hospital, and was not capab'.e of doing manual work. Giving evidence, the defendant said that Mr McSkimming had told him that tho man power authorities should have known better than to send a person to Benhar who had never done manual work for o. living, arid he had commented that he considered witness to be unsuitable for the job. He had gone to Benhar because a Mr Peterson, of the department, had said there was light work for him there. Mr Haub: Are you still prepared to accept light work? Klimeck: Yes; if I am directed to essenj lia.l work I will have no alternative but ' to do so.

The Magistrate said that the position was quite clear. Klimeck had been directed to essential work, and he should have heported back to the man power authorities ff he thought the job at Benhar was unsuitable. The fine was then imposed.