SERVICE PLEA

New Zealand Herald, Volume 81, Issue 24825, 23 February 1944, Page 7

SERVICE PLEA

EX-SOLDIER IN COUBT

WARNING BY MAGISTRATE "This plea is going to be increasingly put forward 011 behalf of returned soldiers," said Mr. W. C. Harlev, 5..Y1., yesterday, when conyicting a Maori labourer, Kotere Mohio, aged 36 (Mr. Tliwait.es), on a charge of assaulting a constable in the execution of his duty. Counsel had outlined accused's war service, and suggested that because of certain injuries liquor had affected him more than it normally would.

Sub-Inspector Harley said a constable heard loud voices coming from the grounds of St. James' Church, Wellington Street, City, at 2 a.m. on February 17. He found accused, another man and a woman sit ting on the ground drinking liquor. The other man and the woman left, and when the constable bent to pick up a sugar-bag of liquor accused struck him a violent blow over the eye, inflicting a cut that necessitated three stitches. Accused went overseas with the Third Echelon and served through Greece. Crete and Libya, said counsel. He returned last year, and since November had proved a good worker in an essential industry. He had made a reaj effort to keep out of trouble, his last conviction being in 1938. lie had suffered from concussion and bomb-blast, said counsel, and, while this did not excuse his conduct, it did suggest that the Honor had affected him more than normally.

"1 am a returned soldier, and so are other members of the Bench," said the magistrate, "but I don't think it occurred to us when we returned that we had any right to assault the police. Nor can I see that the fact that a man Las done his duly as a normal, decent citizen offers any extenuating circumstance.

' "I make these remarks, _he oo»tinned, "as being an indication of the general attitude of the Bench to this plea in times to come. In the case before me 1 shall forget that accused is a returned soldier. That is not to his credit, in light, of the offence he has committed, in view of the factt. however, that lie has tried to pull himself together since 1938, he will bo admitted to probation for one year, on condition tliat bo takes out a prohibition order." . . On a second charge of supplying liquor to himself, being a native, for consumption off licensed premises, accused was fined £lO.