CONSCIENCE CASE

New Zealand Herald, Volume 78, Issue 24103, 23 October 1941, Page 10

CONSCIENCE CASE

SEE,VICE EXEMPTION

CROWN SEEKS REHEARING MAN'S MODE OF LIVING (0.C.) WELLINGTON. Wednesday On the ground that certain evidence not produced at the original hearing might have affected the board's decision had it been available, the Crown representative, Mr. C. 0. Bell, took the unusual course of applying to the No. 4 Armed Forces Appeal Board for the rehearing of an appeal. The appeal was made by Frederick Gorton, warehouseman, on the ground of conscientious objection, and it was allowed bj the board. Mr. Bell's application for a, rehearing was opposed by Got ton s counsel, Mr. Fitzherbert, and the board reserved its decision.

Mr. Bell said he would produce evidence to show that Gorton was not living the life of a Christadelphian, and that he had been before the Court and convicted for being on licensed premises after hours. Also, he would show that Gorton at the start of the war had declared that he would have nothing to do with the war. Mr. Fitzherbert objected on the grounds that the evidence was irrelevant: to the question of conscientious objection. Jt had already been stated that there was no need to inquire into the character of a man as a citizen. Mr. Bell said that the appeal was based on religious grounds, and there was subsequent evidence that appellant -vvas not carrying out the morals of that particular religion. Mr. Fitzherbert: I deny that. Mr. Bell: Further, elders of the Church have approached him and he is still not prepared to give up his way of living.