Army Defaulter To Be Detained For Duration

Northern Advocate, 18 May 1943, Page 5

Army Defaulter To Be Detained For Duration

Detention in a defaulters’ detention camp for the duration of the war was the sentence imposed against Rupert Augustus Mclntyre, electrician, of Whangarei, by the magistrate (Mr. Raymond Ferner) in the Whangarei Court yesterday. Mclntyre pleaded guilty to a charge of failing to report for military service on April 30. Senior-Sergeant A. Henderson said that Mclntyre had appealed against service on the grounds of public interest, undue hardship and conscientious objection, but the Armed Forces Appeal Board had dismissed the appeal on all grounds, Mclntyre being allowed time before being called for Service. He had failed to report to camp and had been gazetted to report on April 30, failing to do so. Mclntyre had been medically examined and classed Grade I. Rehearing Refused Appearing for Mclntyre, Mr. Thorne said that when his appeal against service had been prosecuted he had not been represented by counsel and he had not been allowed to present his case properly. Consulted by Mclntyre subsequently he had told him he would take up the case on the question of public interest and undue hardship, but not on the grounds of conscientious objection.

Mir. Thorne said he had endeavoured to secure a rehearing, but although the application was supported by the National Service Department and the engineer of the North Auckland Elec-tric-power Board, it had been flatly turned down. He had been simply told that the board would not rehear the case although the application had not been heard by the board. The matter had then been taken up with the member of Parliament for the district (Mr. Barclay) who had considered McIntyre had been unfairly treated and as late as April 7 had written that the case was being placed before the Minister. Jehovah’s Witness An appeal by another electrician had been successful, Mr. Thorne said. “Although I do not wish to stop you I cannot traverse the decisions of the Armed Forces’ Appeal Board,” the magistrate stated. “It is only a question of whether he shall be imprisoned and then sent to a defaulters’ camp or of only being sent to a detention camp.” Mr. Thorne said Mclntyre was a Jehovah's Witness. Mclntyre had been advised by him to go into camp and had considered whether he go into camp for the sake of his wife and three children or should not. He had decided against going into camp. Senior-Sergeant. Henderson said that the police had no notification of an application for rehearing of Mclntyre’s case and were merely acting on instructions from the army authorities. Mclntyre was convicted and ordered to be detained in a defaulters' camp for the duration of the war.