THE LOCAL COURT-MARTIAL

Gisborne Times, Volume XXX, 1 August 1912, Page 6

THE LOCAL COURT-MARTIAL

(.TO THE EDITOR.)

Sir, —In your leading article apropo the recent Territorial Court-Martial at Cisborne, you put two questions—presumably for the military authorities to answer ?

(1) “Wily ispnip fiyo military officers had to be present?” and (2) “Is it not a fact that sucll cases might be brought before a Magistrate's Court?” As soldiers actually serving are l by King’s regulations, precluded from giving the press information on military topics, perhaps you u:ould permit me as' an ex-soldier to fill the ln-each and give the desired information.

There are (1) Military Law" and (2) Civil Law. In peace time the latter adjudicates upon civil matters; .in time of war after martial law is proclaimed tlie former becomes “top dog” and deals with both civil and military offences by courts-martial. It is said “In times of peace, prepare for war,” and as that is now" the happy (?) attitude that New" Zealand has taken up for the military authorities to hand over military offenders to a civil magistrate would be. to “knock out” the bottom of tlie whole military fabric; because in a state of war the military have greater powers than the civil authorities! -. Throughout New Zealand recently youths have been charged before a civil magistrate as “civvies” under the provisions of the Defence Act with neglecting to register themselves for service with the military, but in this case it is a civil offence'because the offenders have not yet become soldiers and are not amenable to military law. Whether the court-martial was necessary or unnecessary is another matter —thp military officers "considered it was. A soldier’s first duty is to obey orders given by a superior—wli ether rightly or wrongly; afterwards if the soldier considers he lias a grievance, he can ventilate the same through the proper channels. But he must obey the order first! My memory is still fresh with the recent naval scandal (“On the Knee !”) where some stokers were sent to long terms of imprisonment for refusing to obey what they considered a wrongful order! The soldier’s remedy is to complain to his company officer; then if the result be unsatisfactory to him, he complains to his regimental officer through the company officer; if the result be still unsatisfactory, he again complains to the district regimental officer through his own commanding officer, the result of which is final. Whether it is efficacious or not is anoiliei mattes, that is tlie law. But the soldier must do as he is told: even if ho be told to climb a tree! The Gisborne Courtmartial having been decided on—the Court is chosen from officers of a certain rank or above, with a superior officer as President, such Court being composed of officers belonging to regiments other than the regifhent to which the accused soldiers belong: the object being to prevent accused from being tried by officers of their own regiment who perhaps might be biassed against accused —or vice versa. Therefore in a small town like Gisbimlit W„>PS BC« M arv to goto other centres to form a Court. As to your complaint that tho CourtMartial has cost the taxpayers ot New Zealand £50,. that’s nothing! They must expect to pay for their amusement over i\ n?\v toy. It is usual “at Home” for the military to hand over soldiers to the .civil ponce when thev are guilty of a civil offence; in all cases where the soldier is guilty of a military offence ho is dealt with by liis commanding officer; if the ot-fenc-e being too serious to be dealt with regimentnlly, the offender being tried by Court-Martial. In all cases in milifarv offences “at Home, soldiers go to a. military prison, and not to a civil orison; as, doubtless, many of V your - ex-soldier readers from “Home” who know Aldershot, know the “Glasshouse” at the “Shot! ” . In conclusion, the Gisborne Territorials were soldiers duly attested as such, and for any dereliction ot duty were amenable to military law; to take them before a civil magistrate it would be necessary to alter the law bv Act of Parliament. ' T trust I have 'satisfactorily answered your queries.—l am, etc..

J. w. FOSTER (Late Royal Field Artillery). Wellington, -July 27.