INMATE OF ROTO ROA.

Otago Daily Times, Issue 20323, 3 February 1928, Page 10

INMATE OF ROTO ROA.

UNCEREMONIOUS DEPARTURE. RAFT CONSTRUCTED OF LOGS. NOVEL DEFENCE PLEA ADVANCED. (Special to Daily Times.) AUCKLAND. February 14. Last Thursday Ross Thompson Munro, aged 41, a voluntary inmate of the Roto Roa Inebriates Home, made up his mind that he would no longer remain on the island. At 11.30 p.m. he went down to the beach fully dressed and with all his effects. He looked across to Ponui Island, better known as Chamberlain’s Island. Three miles across strong currents looked a long way. There was no boat available in which to make the other shore, and it was too far to swim, so Munro_ colleted twopieces of driftwood. These he tied together. He sat on one end and placed his clothes and other effects on the other end so that they would not get wet. However, before he had gone very far one of the logs, being particularly porus, became waterlogged ana sank. After paddling and swimming it intervals he at last made Ponui Island about 3 o’clock next morning. succeeded in keeping his clothes dry. and, after a rest, come on to Auckland. As a sequel to this perilous adventure Munro came before Mr E. C. Cutten, S.M., at the Police Court this morning, charged with escaping from Roto Roa Island. He pleaded not guilty. The accused’s counsel (Mr Pothering ham) admitted that Munro escaped last Thursday night, but he subsequently reported himself to counsel and later to the police. Since then he had been at liberty on bail of £SO. Counsel then made known his unusual defence of the charge. He contended that Munro was not an inmate of the home as described by law. Ho had been committed there by Mr Cutten last October under section 7 as a voluntary inmate. He had no previous convictions for drunkenness under section 5 of the Amending Act. Having no previous conviction he ought not to have presented himself to the magistrate. It he did so then he was asking Mr Cutten to exceed his powers under the Act. Therefore, said Mr Fotheringham. Munro was not legally committed. As a further line of defence, counsel submitted that Munro had since been legally discharged. On December 24 last the superintendent gave the accused four days’ leave to visit his wife, who was said to be sick in Auckland.

Senior Sergeant Cummings: Not the superintendent. The Justice Department.

While he was on parole in Auckland Dr Murray, visiting medical officer to the island, saw him, and considered that it was necessary for him to have dental attention, so Dr Murray gave him three extra days’ leave on condition that he telegraphed the superintendent and acquainted him of this. Munro did so, and Major Home gave his assent. ‘Dr Murray had no power to grant this extra three days, and Major Home was not entitled to give the four days’ leave,’’ said counsel. “By doing so he automatically discharged Munro from the island. If officers choose to exceed their powers it is beyond your Worship to punish this man now.”

Senior Sergeant Cummings submitted that Munro had been lawfully committed under the Act, and that a warrant issued by the court to detain Munro on the island for 12 months was held by Major Home. Mr Cummings further said that the accused was handed over to Roto Roa Island, which was a certified home, but not a State institution. He had been in custody and he had escaped. The Magistrate pointed out that the accused was on the island by warrant, hut counsel emphasised that he was a voluntary inmate. The hearing was adjourned.