Alleged Desertion From Kamo Camp

Northern Advocate, 25 June 1946, Page 4

Alleged Desertion From Kamo Camp

(Special) AUCKLAND. This Day. Gunner Brian Thornton appeared before a district court martial at Papal-turn yesterday charged with desertion in that he absented himself from Kamo Camp from October 5. 1942, until arrested. He was also charged with losing by neglect articles of clothing and equipment worth T 9 12 8. Accused, who was represented by Mr F. 11. Haigh, pleaded not guilty to both charges. Evidence was, given by SergeantMajor George Lytollis that he had visited accused's home several times during the period of his alleged absence. Accused had not been there and it. had been impossible to find his address. The arrest had been made after a football game and accused had changed into civilian clothes. COURT OF INQUIRY A declaration of a court of inquiry at Kamo on December 4. 1942. that accused had absented himself without leave from October 5. 1942. was identified by Sergeant-Major Lytollis. To the best of his knowledge accused had not returned to camp since October 5, 1942. If he had. that fact would have been reported to the provost office. No prima facie case had been made for either charge. Mr Haigh submitted. and therefore accused was not required to defend himself. The- declaration of the court of inquiry stated that accused was absent from October r», 1942. to December 4. 1942. A witness had given evidence that hacl accused returned to camp notice would have been received. That was no proof, as there might have been ;n omission to notify the provost. It was necessary for the prosecution to prove the intent on the part of accused to desert niter it had proved his absence. PRIMA FACIE CASE The court might be able to find him guilty of absence from October 5, 1942. to December 4, 1842, but not for a longer period, continued counsel. As three years had elapsed, he could not be convicted on the lesser charge. There was no evidence to show that accused was required to produce any clothing or equipment or that a search had been made for them. A prima facie case had been made out. said the Judge-Advocate (Major N. S. Johnson) in giving his ruling on these points. The fact that accused had not been arrested until June 15 did not mean that he was guilty of desertion, but the court was entitled to assume that lie had been absent until that date. CONSIDER VERDICT It was tlie duty of every soldier to have his equipment and clothing in his possession. He would, however, forward counsel's submissions to the Judge-Advocate-General for his consideration.

After the court had closed to consider its verdict, Mr Haigh said in mitigation of penalty that accused was now only 23 and had suffered for a long time from an internal complaint before going to hospital in July, 1945. The court, which consisted of Major H. G. Salt. M.8.E., Captain A. J. R. Whelan and Lieutenant J. A. Allan, will announce its findings later. The prosecutor was Captain A. de B. P. Steward. A TICKLISH SITUATION "1 was nearly tickled to death." said the young lady alter a coughing spasm. "It was only relieved by a dose of Baxters Lung Preserver." There is nothing like "Baxters” to tackle the tickle, to soothe and relieve. Take ‘‘Baxters" and note how quickly you feel the benefit, how fast its penetrating properties work. Get better, get “Baxters" from any grocer or chemist. Baxters Ltd. 002 Colombo St, Ch. Ch.