THOMPSON-HOTOP CASE

Otago Witness, Issue 3514, 19 July 1921, Page 6

THOMPSON-HOTOP CASE

COMMISSION'S REPORT FAVOURABLE TO THOMPSON. WELLINGTON, ,luly 12. The report of Tliompson-Hotop . Commission conducted by Mr T. F. Martin, bar-rister-ai iuvv, lias been receded by the Governor-General. The commission was set up to -inquire into and report on the proceedings and tile judgment of a court martial held at Feutherston Gamp on September 27, 1917, which found Henry Harsaut Thompson guilty of knowingly making a false statement affecting the character ol an officer, by stating that Capiain F. R. llotop, N.Z.M.C., was noticeably under the influence of alcoholic liquor wneu reporting on him at the medical board on August 8, 1917. The Court sentenced Thompson lo undergo detention for 112 days. j Tile finding of the cutumi.--:ou i - briefly that there was no objection to the constitution of the Court or its ] cisonaiity, and no objection was marie by Thompson that the court martial acted wrongly in throwing the out, of proving tin good faith ot iiis accusation upon Thompson; that Thompson made the accusation In liming it lo be true, and lie had grounds lor his belief m the r putat on of Captain llotop in camp, and therefore the liudiitg <.. I the Court must be leversed. The < .ommi- ioiicr proc- < d-: "Bid even ! wire I of opinion that the evidence acluatly given before the Court wag sufficient. i> warrant a conviction I should still hold that judgment should ho set aside on grounds (1) flint the wliolt onus of proving his good faith was thrown upon the accused. (2) And especially that ho was debarred by the rulings of the Court from giving evidence of extraneous matters concerning Captain Ilotop’s reputation, that had come to his hearing before he wrote tiie letter August 22, 1917, containing the accusation in question.” The Commissioner further ■tates that he is satisfied Captain llotop was sober at the medical board. What

witnesses have described as his ‘‘dazed condition,” and ‘‘dreamy look,” explained by a Crown witness, S. S. M. Blandford, as Tia natural look, coupled with certain grufi'nes.s of manner, was mistaken by men at the lamp for signs oi indulgence in alcoholic liquor. V, iio losses who saw and spoke to llotop at dilferent times oi the day, over a considerable period, deposed that in their relations with him m camp they always found him sober. It appeared also that baptam llotop performed a larger number of operations t.lian any other medical officer. It seems incredible that he would have been allowed to operate so frequently if his condb ion was as described _ by ' Thompson's witnesses. The Commissioner adds : ' If accused had been properly convicted of the ollence charged against him, the sentence of rlie Court was not excessive. The case would have' been one warranting the imposition of the maximum detention mat was impo.ed under the regulations.” Costs amounting to £55 12s are awarded J lionipson tor In's costs lit the Commission, and the opinion was expre.-se-d that lie should be allowed 1 1 is costs in the courtmiriid. T'h • costs ordered are to be paid at once by the Government, but question o! coinpeiis.it a ci, which was not submitted to the commission, v. ill be referred to a 1 omumfe, <,! i’arhamont lor a r< comm, uda - tion m the usual way. Cn Aumt 11. 1920. Mr J. M'C. Dick sou (< iialnc i -j I me ui it lit up a report from the Public Petitions to Bail lament, praying for comp< nsaliou for alleged wrongful impr..- iimient by the military authorities. Mr Dickson said tins petition was the outcome of a case that i reated a good deal oi interest at. the time. ‘The petitioner. 11. If. Thompson, volunteered for service and entered j ientliam Military Camp on October 25, 1916 lie was medically boarded on December 18. lie did not know why the delay took place between October 2b and December 13. However, on December 13 lie was medically boarded by Captain llotop and another officer, anil classed as permanently unfit, due to physical disabilities. He was not informed that

home service was voluntary and that he could leave the camp, but. was sent, into the clerical department, where he. remained until August o, 1917, when lie way again medically examined by Captain llotop and another officer, and classed fit for active service. He naturaliy was somewhat surprised, as he was turned down on the former examination, and he wrote to the Camp Adjutant (Major Sweetzer) on August 9 asking for his case to be reviewed. This let fen was on the file, but was never answered. -And not. receiving an answer to libs first letter lie wrote again on August 22, 1917, to the Camp C«mnia in in ut (Colonel Adam;-), ami tins letter contained the words for which he was afterwards tried by court-martial. The words were: "No medical examination of me is of any value when ike medical examiner is not Drably tinder the influence of alcoholic liquor"—l hut W- to say, in the vase of the examiner reporting on him on August 8; the examiner referred to was Captain llotop. Oti August 2b tee petitioner was placed under arrest by the (ami) Commandant, and remained under arrest until the district court-marial sat oil Xoptember 27 A considerable delay occurred* here —he was arrested on August 2i> and was not tided until September 27. From August 23 mud Sepieinl.er 17. Thompson was pie anted, through the ~ of the < 'amp lb .m ma admit, from exereisimr uv riglv or ommunieat mg with those outside', and therefore had no upper filin'! y la secure witnesses. \\ hen he was brought before the ourt-martial he was accused of knowingly making a false statement. 'I lie military law on the subject was -vc-i v distinct- -that, before the man could be punished it had to he proved that la had made the statement knowing it to be false. There was no evidence before the Court to show —in fact, it was quite impossible for them to prove -that ho had made the statement knowing it to be false. On the other hand, there was ample evidence to prove that in the camp Captain llotop had the reputation of being an habitual drunkard. In view of this reputa-

tion, and whip Thompson saw him If, and what otie.r witnesses said who .-aw Captain llotop on the same day, there was justifiable reason, one would say, for Thompson coming to iha conclusion that Captain llotop was luna r the influence of liqui r. Thompson had a number of witnesses, but he was cube allowed to bring two before the < wp Under ei css-t xauiiuai :on, and after hearing, the evidence of a number of officers who appeared on behalf of Captain llotop, these two witnesses said it was possible they had made a. mistake; but Thompson still c hered to his belie! that Captain llotop was under the influence of hiper. Petitioner was sen loir ed by that Court to 112 days’ confinement. This was the maximum I penalty and seemed somewhat severe, even supposing it. had been proved that Thompson liau knowingly made this false statement, lie- had other complaints, with regard to his treat incut while in gaol. However, by | some means or other he got a letter conveyed out of the prison, ihe matter was brought before the authorities,, and he w,;fiiiement. Later on, in November, 1913. j Hotop’s wife implied for a divorce on tie 1 ground that the husband h.ul acquired th • j habit of drinking methylated spirits, and j that for four years and upwards he was an habutial drunkard. The divorce was gran:Oil by the Chief Justice, who declared that it was a pity the Deportment should place such a man in charge of soldier patient.*. During the time that llotop was in the camp and carrying on his duties there, he had the reputatoin of being an habitual drunkard. In view of the known facts it was surprising that the military authorities should retain such a man in such a responsible position. As a result of his imprisonment ’Thompson hud petitioned to have bis name and the offence with which he was charged expunged from nil military records and that notice thereof be published in the Gazette. He was also asking for monetary compensation. The Committee had gone carefully into the matter, and the petition was referred to the Government for favourable consideration.