SENTENCE OF COURTMARTIAL

Nelson Evening Mail, Volume 76, 31 December 1941, Page 4

SENTENCE OF COURTMARTIAL

CONFIRMATION REFUSED CHARGE OF WILFUL SELF-INJURY Wellington, This Day. The sentence of the district courtmartial which tried Private James Elliot, aged 24, married, 2nd N.Z.E.F., on a charge of wilful self-injury on active service to make himself unfit for service was promulgated yesterday. The Court found Elliot guilty and sentenced him to a year’s imprisonment with hard labour. The officer convening the court-mar-tial, Brigadier N. W. McD. Weir. N.Z.S.C., refused to confirm the finding } and sentence. The procedure in courts-martial except in cases of acquittal, is that a reI port of the proceedings, together wdth the Court’s finding and recommenda- : tion, are forwarded to the convening officer for his consideration. As confirming officer, he may confirm the finding and sentence, or reduce the latter (but not increase it) or refuse confirmation. Paragraph 95, chapter 5, of the Manual of Military Law, dealing with nonj confirmation and re-trial, states:— "As a conviction and sentence are not valid till confirmed, a refusal of confirmation, duly entered upon the proceedings, operates to annul the whole trial. In such a case accused lias not been convicted ancl may legally be tried again. but re-trials should rarely be resorted to, and only when the needs of discipline and justice demand that an offender shall not escape punishment on account of a legal technicality. It niust be remembered that if an accused at the first trial has disclosed his defence, that defence at a second trial may thereby be prejudiced ... if the confirming officer considers that the proceedings of a court-martial are illegal, or involve substantial injustice to an accused person, he will withhold his confirmation.’* OTHER SENTENCES As a result of proceedings before a district court-martial held at Trentham Mobilisation Camp last week, the following sentences have been imposed : Private Edward William Gregg, found not guilty of desertion, but guilty of absence without leave and guilty of a serious charge of absence without leave. —90 days’ detention. Sapper John Ryder, found not guillj of desertion, but guilty of absence with out leave.—6o days’ detention.—P.A.