Escape From Roto Roa Island

Manawatu Times, Volume 66, Issue 103, 2 May 1941, Page 6

Escape From Roto Roa Island

Ex-Public Service Commissioner’s Case INTERESTING LEGAL POINTS Per Press Association. AUCKLAND, May 1. Charged with escaping from the Boto Roa Inebriates’ Home on April 24, Paul Desire Nestor Verschaffelt, former Public Service Commissioner, aged 52 (Mr. Noble), appeared on remand before Mr. J. Morling, S.M., in the Police Court. The charge was denied. The Crown Prosecutor (Mr. Meredith) took the police case. Major Norman, superintendent at the island, said Verschaffelt was committed to the home for two years by a Court warrant signed in October, 1940. Ho was later allowed to leave to attend aa appeal in the Supreme Court. The appeal was dismissed and lie was returned to th,e island under a Court warrant. On February 20, 1940, the Minister of Justice signed a transfer under which Verschaffelt was taken from the home to the Auckland prison. After habeas corpus proceedings were taken, a judgment by Mr. Justice Blair ordered that the transfer was voided and Verschaffelt was returned to the island where he was being held at the time of his escape. Before Verschaffelt left the island witness warned him that he was committing an offence. Cross-examined, Major Norman said Verschaffelt handed him a note before he escaped which thanked him for keeping accused on the island as a guest and which stated that as accused was not an inmate he was able to go.

Constable Blackburn said he arrested Verschaffelt when the launch arrived at Auckland from the island. Accused said witness was making a mistake. Mr. Noble said the facts of the escape were admitted, but he drew the Court'* attention to the section under which the information was laid which referred to an escape from lawful custody as an i: mate. The defence was that Ve..xl.;.ff3lt was not in lawful custody at all and therefore could not have escaped. * 4 Our argument is that the Minister has no power to transfer a man from gaol to a home,” said Mr. Noble, “and we also contend that the Minister’s order transferring him to prison superseded and annulled any other warrants or orders by which ho was held.”

Mr. Meredith said the Minister’s order was merely a direction made for reasons of discipline to transfer Verschaffelt to prison. The Supreme Court lias held that the transfer was illegal and had been voided. In effect it was held that the Minister did not make the transfer and that anything he did was null.

“Therefore as Verschaffelt was not properly and legally transferred he remains »ntransferred, which means that he is where lie was before, on the island,” continued Mr. Meredith.

“This transfer, being a bad one, has no effect on the previous warrant which was an order of the Court. As the order from one institution to the other was not properly made, the Court order still stands. ’ ’

4 4 The matter is one which lias to be looked into,” said Mr. Morling. “It is not as simple as it seems on the surface. * ’

Asked by Mr. Morling if he was prepared to return to the home while th* case was being considered, Verschaffelt said he was quite willing.