SOLDIER’S CASE.

Lyttelton Times, Volume CXVIII, Issue 18352, 9 March 1920, Page 8

SOLDIER’S CASE.

COMMISSION OF INQUIRY. [Pita Press Association.] DUNEDIN, March 8. Mr D. G. A. Cooper, S.M.. sat hero to-day in terms of a Commission, authorised by tho Government to sift certain allegations made by Donald M’lntosh, a returned soldier. . Mr A. O. Hanlon, who appeared for M’lntosh, said tho allegations were that M’lntosh was placed iu Seaeliff Mental Hospital and kept there several weeks before being legally committed; that his money was taken from him; that bis back pay was not paid to him, but was sent to the Mental Hospital Department to pay for his board whilst an inmate, such proceedings being illegal ; that he was discharged from the service on his legal commitment to Seacliff, although he was not mad© aware of it until his discharge from tho hospital thirteen months later; that his military pay was stopped from the date of his military discharge, and that after fourteen months’ incarceration in the mental hospital, when he was set at liberty to enter civil life once more, ho was discharged from amongst the worst class of patients instead of being brought qp gradually through the various stages of convalescence ; that lie had to leave Seaeliff wearing the uniform of a madman; that lie was refused the money which he had taken in, and that he was conveyed to Wanganui, in which town he had lodged pi'ior to enlisting, and there he was cast adrift without a penny and was left for three months without any monetary support whatever. In general, terms, also, the charge sot down “ that the nature of his illness, ae that of many other soldiers, was such as would not only not be benefited by being placed in such an institution, but was more likely to be further aggravated.” Continuing, Mr Hanlon said that M’lntosh appealed for an inquiry into all these charges, and his appeal was renewed from time to time. As his appeal was persisted in, the Department lirst granted one claim and then another, until all that lie had asked for had been granted. As to the other charges, which were of a general nature, since coming to Dunedin and interviewing the Returned Soldiers' Association, several leading medical men, including the foremost nerve specialist in the Dominion, and having seen corroborative evidence of his statements as to the conditions of tilings then at hospital, and being assured that the Returned Soldiers’ Association were determined to press for a Royal Commission of inquiry into the whole question of committal to and the treatment of returned men in mental asylums, M’lntosh, acting on counsel’s advice, asked permission to withdraw without prejudice charges not yet dealt with contained in his petition to the House of Representatives, in order that his evidence might be available in connection with the wider inquiry when that took place. Mr W. O. Macgregor, K. 0., said that all the matters referred to nad been discussed in the House. The Prime Minister then promised that the charges should not be allowed to rest where they were, and assured the House that a full and proper inquiry would be held. It was quite open to M’lntosh and his advisers to bring forward any charges they wished. So far as this particular case was concerned he could not help saying that he thought it was regrettable in the interests of M’lntosh himself that these complaints were ever made, but having been made it was essential in the interests of the public also that they should .be inquired into. The Commissioner: Mr Hanlon withdraws the charges now. Mr Macgregor: No. He has repeated them publicly, so. that the whole subject goes abroad in a distorted form and with no evidence in support of it. The charges were four in number. The first was that tho man was illegally detained. That was a question of law and entirely Unfounded in that form. The committal was absolutely legal ana he had every attention and treatment while at Karitane and at the mental hospital. His second charge was that there was no reasonable ground for treating him as a mental defective Counsel proposed to show that it was essential for the man’s own sake and for tho sake of others that he should be confined as a mental defective. The third charge was that he was subjected to unreasonable and improper treatment. That was a question of fact. Although there was overwhelming evidence that he was treated with the utmost kindness and consideration he was ungrateful for his treatment. The fourth chargo was that he was subjected to harsh or exceptional treatment in respect to his military pay or allowances. The files in regard to that would be put before the Commissioner. It would be shown that he has been liberally treated, much more liberally than his military records demanded. In strict law he was not entitled to a pension at all, but nevertheless he was given one. Theso charges, if true, were a grave reflection on the mental and defence authorities, but counsel was glad to say that evidence would show that they were entirely untrue and were based throughout on the diseased imagination of a mental patient. The only evidence in support of the charges was that of M’lntosh himself.

Mr Hanlon, in reply, said that what was complained of was that M’lntosh was sent to Karitano and the Mental Hospital without any warrant to do so. Mr Macgregor: Do you propose to prove that?

Mr Hanlon: You admitted it a moment ago. The Commissioner said thfit if the allegations were not unreservedly withdrawn ho must proceed to hear them. Mr Hanlon: I do not withdraw them,

not for a single moment. Mr Macgregor: l>o you call any witnesses ?

Mr Hanlon: I have intimated that I do not intend to call any. Mr Macgregor: Aro you not going to call M’lntosh? Mr Hanlon: No. You have given way on all points except one. Mr Macgregor then proceeded to tail witnesses, and the further hearing was adjourned till Wednesday morningThe Commissioner meantime will visit Seacliff Mental Hospital.