DESERTING SEAMAN

Otago Daily Times, Issue 26226, 9 August 1946, Page 4

DESERTING SEAMAN

TREATMENT BY AUTHORITIES

JUDGE EXPRESSES CONCERN

(P.A.) % AUCKLAND, Aug. 8,

Concern over the treatment a young American seaman, Edgar Randolpli McKinnon, aged 17. had received from the authorities since he deserted his ship in New Zealand was expressed by Mr Justice Finlay in the Supreme Court to-day. “As at present advised,” he said, “ it looks to me as though he has been harshly dealt with. He is only a youngster, and the probation officer says he has the characteristics of a child.” McKinnon appeared for sentence with another youth, Patrick Michael O’Connell, aged 19, on a charge of breaking into the premises of Fears Brush Company, Parnell, and stealing a cashbox and money of a total value of £5 10s. Against O’Connell, who was recently extradited from Sydney, there were three charges of receiving stolen property valued at £54. O’Connell was remanded for a week for a medical examination. “Shocking” Decision His Honor said McKinnon had deserted his ship for some reason, and for that he was sentenced to a term of imprisonment. “ I find that shocking—to think that a young boy should be sent to prison for an offence which had no moral delinquency in it.” his Honor said. That savoured too much of the old days before the First Offenders’ Probation Act. When released from prison he was subject to the handicaps of having been there and fell into the hands of a New Zealand youth with a somewhat unpromising record. , , “ Then because he is a prohibited immigrant,” his Honor continued, “ ho is fined £IOO when he has only the clothes he stands up in and he is sent to prison for six months. That is a reflection on our social system. There should have been in our community some person or organisation who would have taken this young person into their care." Awaiting Vessel Counsel said that when McKinnon was dealt with in the Magistrate’s Court Mr J. H. Luxford, S.M., had spoken very kindly to him and explained that he would be kept in custody only until he could be placed on an American vessel. Counsel understood that the Marine Lynx would be leaving here on August 15 and he might be placed on board that ship. His Honour said that as far as the six months’ sentence was concerned, he had the greatest respect for Mr. Luxford’s judgment. There was no more able and experienced magistrate in New Zealand but under pressure of the magistrate’s court business it was not always possible to give cases the same consideration as they were given in supreme court. He was concerned that this youngster should be sent into the atmosphere of a gaol.

Counsel said that the magistrate had stated that McKinnon was to be kept apart from the other prisoners.

The accused was remanded