Enlisted Under False Name, Now C.O. and Deserter

Northern Advocate, 21 November 1941, Page 4

Enlisted Under False Name, Now C.O. and Deserter

[Per Press Association. —Copyright.] WELLINGTON, This Day. A soldier previously on home defence, who volunteered under an assumed name to get into the Second N.Z.E.F., described himself as a conscientious objector when he was charged on two separate counts of desertion before a court-martial at Trentham yesterday. He was Private Winston Andrew Boag. The prosecutor stated that the accused went on coast defence service the day the war began. Unsuccessful in attempts to enlist for overseas, he joined up under an assumed name. He deserted from Trentham camp and was arrested at Auckland in civilian clothes after 223 days absence. 374 Days Absent While in custody he escaped from the guard house at Trentham and was absent one year and nine days before he surrendered himself in civilian clothes at Hamilton. The court comprised Major A. E. Gorton, M.IVI. (president), Captain W. Huse and Captain P. L. Bennett, M.C. (members). Major A B. Sievwright, E.D., Army Legal Department, was judge-advocate, Captain J. W. Hollows was the prosecutor, and Mr. F. W. Ongley defended accused. Accused was first charged with desertion in absenting himself without leave from the Trentham camp from April 7, 1940, until he was apprehended at Auckland on October 20, 1940. Objects to Court Major Gorton (to the accused): Do you object to me as president? Accused: Yes. I am satisfied you cannot give me an unbiased judgment. Major Gorton: Do you object to me as president or as an individual? —To you as president. You, as a subsidiary authority have not the God-given right to judge me. Can you satisfy me you have? Major Gorton: Do you object to any members of the court?—Yes, to both for the same reason. Major Sievwright: You object to be tried by any military tribunal?—l do. Major Sievwright: Then your objection is not to the president or the members personally?—l object to being judged by a military court, •which I consider is a subsidiary authority for the State. I do not recognise the State as having the right to judge my conscience. In Deep Waters The court disallowed the objection. Asked to plead the accused replied: You understand you are carrying on in spite of my protest. I have given you due warning. I refuse to plead in accordance with military law. This was treated as a plea of not guilty. Mr. Ongley said accused had been reading and studying matter that the average person neither read nor studied and from this had got the fixed and settled views he now advanced. Some years ago, for days he would not be seen. He was obviously studying and devoting attention to the type of matter previously referred to. It could be seen that the accused’s troubled state of mind was the result of unguided, perhaps misguided, studies. The court has delivered its recommendations on both charges to the convening officer, the Adjutant-General (Col. A. E. Conway). The sentence will be announced after promulgation.