THE KNYVETT CASE.

Hawke's Bay Tribune, Volume I, Issue 122, 9 May 1911, Page 8

THE KNYVETT CASE.

(Continued from page 1.)

Wellington, May 9.

Counsel concluded by contending that the only charge possible under the section mentioned could be one of making a false statement. Counsel for the prosecution contended that the prisoner had gone further than to make the letter a request for an enquiry and had made it impertinent and given ground for scandill. Further, counsel said, if the prisoner’s counsel plea were upheld, Knyvett would be in the same position as he was before the present enquiry, namely, as dismissed from the service by the Governor. He contended the accused must be called upon to plead to the charge. Captain Dawson, in reply, submitted that the accused had asked for enquiry and went no further, and therefore the charge must fail. The Judge-Advocate said it was clear if the prisoner had a grievance he should be granted enquiry, but he held the letter was not part < f th< proceedings of the previous Court and consequently not privileged. The prisoner was entitled ♦<> make cofnplaint, but not to do so in an insubordinate and improper manner, and therefore the Court hadjurisdiction to proceed with the case.

Accused pleaded not guilty. Counsel for the prosecution th n outlined the charge. He said the questions were: Dici the accused write the letter in question, and was that letter in terms likely to prejudice good order and discipline of the forces ' The question of provocation was irrelevant and the truth of the charges made against Col. Robin did not enter into the case. Knyvett had no furt i.r <■ u.i plaint against Col. Robin’s socalled officialism and interference than hr' had of any other officer of the New Zealand forces, so there could really be no question of provocation. The prosecution would object to questions dealing with the truth or otherwise of the charges against Col. Robin, as the only question for the Court was the wording of accused’s letter. Colonel Wolfe. Officer Commanding Auckland district, deposed that he received the letter (produced), from Knyvett and subsequent to the proceedings in Auckland.