REFUSAL OF DUTY

Otago Daily Times, Issue 24835, 7 February 1942, Page 6

REFUSAL OF DUTY

NATIONAL RESERVIST CHARGED FOURTEEN DAYS' IMPRISONMENT VETERAN OF LAST WAR (P.A.) WELLINGTON, Feb. 6. " Here is a man who volunteered and was attested, and then deliberately refused to obey orders when called upon. It is a serious breach of military duty and an absolute refusal of military orders," said the magistrate, Mr J. L. Stout, imposing a sentence of 14 days' imprisonment with hard labour on William Harold Hindle, a private in the National Military Reserve, who pleaded guilty to failing to attend a parade. It had been stated, said the magistrate, that Hindle originally joined up to set an example to the younger generation, yet when a" matter of urgency occurred and there was a, chance of a raid on this country by the Japanese he set himself up as a judge of the services he was to perform. Wounded in Last War Mr H. F. d'Leary, for Hindle, said he was a well-known citizen of Wellington. He was a veteran of the last war, and was 52 years of age with two sons, one serving in the navy and one in the territorials. In the last war he was grievously wounded and was in hospital for six months. He was discharged as permanently unfit for any further service. > In 1940, Mr O'Leary said, the defendant joined the National Military Reserve, not feeling that he would be called on to do full-time duty and indeed feeling that, with the injury he suffered in the last war, he would npt be able to do it. He visualised that he, along with other veterans, would be an example to the younger generation, and he thought they should do some work at week-ends or at nights, and that they could do some temporary service while the territorials and others were being mobilised. He had not realised the possibility of full-time guard duty or mobilisation for an indefinite period. He was the manager in New Zealand of a wellknown firm which handled spare parts and materials for Union Airways, and considered for this reason alone that it would be almost impossible for him to be away from his business, as he was conducting a vital service in the community.

A Principle at Stake Counsel referred to the change in the position of the Natiortal Military Reserve and its division between the Territorial Forces and the Home Guard, and submitted that Hindle's individual view had been sustained by the military authorities. It was the same idea which was behind Hindle's refusal to obey orders. When he applied to the Man-power Committee for relief he expressed a willingness to do alternative service at nights or during week-ends. He had a hearing of three minutes. He considered that he was standing up. for a principle. He was a member of the Chamber of Commerce and for a number of years a director of the Y.M.C.A. The magistrate said it was true that there Was going to be some alteration in the prqgramme and that some of these men were going to join the territorials and others the Home Guard, but that did not seem'to touch the vital question. Mr O'Leary asked that the sentence should be increased to a month and a day in order to enable Hindle to appeal, but the application was refused. . - -