FAILURE TO ENROL

New Zealand Herald, Volume LXXVIII, Issue 24009, 5 July 1941, Page 12

FAILURE TO ENROL

PROSECUTION AT HAMILTON <O.C.) HAMILTON, Friday

"I wish to make an emphatic protest against the action of the Director of National Service in prosecuting men, who when they find they are not enrolled in the general reserve, apply for enrolment," said Mr. A. L. Tompkins when Lyle Herbert John Salmons, labourer, was prosecuted before Mr. S. L. Paterson to-day for failing to enrol. The magistrate said the Court was not the place to make the protest. Under the regulations a reservist who had registered late could not be called up until he had been convicted. Counsel said that defendant was originally a farm labourer, and when lie wanted to enlist he was told by the Army Department to stay where he was. He joined the Legion of Frontiersmen, and filled in a form for admission to the legion. He believed that by doing this he had enrolled in the reserve. He actually enrolled in the reserve on April 9. 1941, and did not receive a registration card until June 10. Counsel submitted that his failure to enrol was due to misunderstanding. Defendant's employers, the Firth Concrete Company,. Limited (Mr. W. J. King), were prosecuted for employing an unregistered reservist. A plea of not, guilty was entered and it was stated that when asked if he had enrolled Salmons had said he had. The magistrate said there was some excuse for Salmons, who was convicted and ordered to pay costs. The magistrate held that the company's oversight in not checking Salmons' statement was not a reasonable excuse, and imposed a fine of £2 and costs. PENALTY OF £2O IMPOSED EXPLANATION BV RESERVIST C»Y TELEGRAPH —PRESS ASSOCIATION*] OAMAUU, Friday A rabbiter, John Joseph Delargy, of Kurow, a reservist in the First Division or the General Reserve, was to-day fined £2O for failure to enrol. He' said be was three years in arrears in the payment of his levy, and was waiting till he had enough to pay this money before producing his coupon book.