ABSENT WITHOUT LEAVE

Otago Daily Times, Issue 24783, 6 December 1941, Page 10

ABSENT WITHOUT LEAVE

CHARGES AGAINST SOLDIERS DISTRICT COURT-MARTIAL (P.A.) WELLINGTON, Dec. 5., A soldier who, in the two years which have elapsed since his attestation for service, has been sentenced to 12 months' imprisonment with hard labour on two occasions, once by a civil court and once by a military court, appeared before a district court martial at Trentham to-day on five charges. He was Private Leonard Robert Moulin, 2nd N.Z.E.F. He pleaded guilty to being absent without leave from November 22 to November 24, and not guilty to four other charges. He was acquitted on two of these—using insulting language to a superior officer, Warrant Officer (ID F. R. L. Inder, and wilful damage in breaking a window in the detention room at the Buckle Street Barracks. On the absence without leave charge and two others —striking a superior officer, Lance-corporal Oliver Prouse, and disobeying a lawful command, the court has delivered its recommendations to the convening officer, the adjutant-general, Colonel A E. Conway, 0.8. E., N.Z.S.C.. and sentence will be announced after promulgation. Two other soldiers were charged with desertion before the same court. Captain J. W. Hollows was the prosecutor and Second Lieutenant M. L. Morgan the defending officer. Details of Charges In Moulin's case, Captain Hollows said that' the accused got special leave to obtain gear he had left in Wellington. He did not return when due, and was arrrested by members of the Provost Corps in Tinakori road. He refused to enter the detention room at Buckle street, and struck Lance-corporal Prouse in the face. He was under the influence of * liquor, and was argumentative but not drunk. Captain R. J. Knox, M.C., producing the record of character and particulars of the accused, stated that he was 32 years of age, and was attested on December 5, 1939. In October, 1940, he was sentenced in the Magistrate's Court at Invercargill to 12 mdnths' hard labour on charges of theft and obtaining credit by fraud. He was released in July, 1941. and in the same month he was found guilty by court martial at Burnham of desertion and sentenced to one year's hard labour. The balance of this sentence was remittted on November 4, 1941.

Lieutenant Morgan, addressing the court, said there was no question but that the accused's previous record was bad.

Desertion Alleged Private George Clifton Exton pleaded not guilty to desertion in that he was 34 days' absent without leave till arrested itt uniform in' Palmerston North. Lieutenant Morgan said the accused had a clean record and this should incline the court to leniency. Private Lewis Hopkins was charged with desertion in that he was absent without leave for 77 days before being arrested in uniform by the military police at Wellington. Captain Hollows said that no doubt the defence would state that the accused intended to return to camp, but this excuse was becoming worn. It appeared that all soldiers absent for periods intended to return to camp till they were actually arrested and brought, back. Sergeant J. D. Quirk stated that the accused had a period of service in Suva.

Lieutenant Morgan said the accused was arrested in Wellington in uniform one morning after the arrival of the limited express. It was the accused's intention then to return to camp. The accused's record showed that he had been attested in January, 1940, and had been three times absent without leave. In these two cases the court has delivered its recommendations to the convening officer and the sentences will be announced after promulgation. No Appearance

Private Edward William Gregg, New Zealand Medical Corps Depot, was also summoned to appear to answer a charge before the court, but was absent. It is understood that he escaped from the camp quarter-guard on the previous day.