SERIOUS CHARGES

Gisborne Herald, Volume LXVII, Issue 20184, 29 February 1940, Page 14

SERIOUS CHARGES

WAR RECRUIT GUILTY PROBATION EXTENDED SPECIAL CONDITIONS JUDGE GIVES WARNING A young Maori, who had enlisted for service with the Maori Battalion and who was found guilty in the Supreme Court in Gisborne yesterday on two charges of unlawful carnal knowledge, was admitted to probation for two years, special conditions to be attached if he is accepted for military service. The accused was Ngarue Haapu, labourer, Whangara, who gave his age as 20 years. In passing sentence, Mr. Justice Callan issued a warning to the accused to exercise control over his feelings, particularly in foreign lands. He did not think the episode would debar him from going on active service, and he hoped that the affair would be a warning to him. Mr. M. R. Maude, who appeared for the accused, said that the accused was as anxious to go into camp as he was when he was first called up. “I think it right to say that I myself thoroughly agree with every portion of the conclusions reached by the jury,” His Honour said. Great Deal in Favour Although lie agreed with the jury in not believing the accused’s story that he had not committed the act on two occasions in dispute, there was a great deal in his favour, for he appeared to have been subjected by the girl to very strong temptation, and he had borne an unblemished character hitherto. In those circumstances His Honour was willing to act on the recommendation of the police constable, who was also probation officer, that the accused be admitted to probation. However, if the accused went into camp he would probably go overseas after a short period, and the sentence of two years’ probation would be no punishment at all, for the odds were that he would not be back in New Zealand before the expiration of the term. There must be some punishment. Therefore, the accused was admitted to probation for two years on condition that during the term he paid £lO to the Police Department towards the cost of the prosecution, and if allowed to join the army the probation officer should exact such allotments from the pay to meet the amount of £lO at the earliest possible moment. The Judge’s Advice His Honour also said he would take the risk of offering the accused some advice, hoping that the experience would be a lesson to him. There was no reason why he should not make a good soldier, and His Honour suggested that the man should learn from that experience to overcome temptation, for if he did not he might be led into even more serious trouble, such as disease and disgrace to himself, the New Zealand Expeditionary Force, and to the Maori Battalion, who upheld a high reputation during the last war. A man might have a love affair with a woman, His Honour added, but it had been the experience of thousands of years that she was apt to let the man down if she got into trouble. Even when entirely willing, she might allege such false charges as rape, which was a very serious offence not only here but also in the army.