ROTO ROA ESCAPEE

Patea Mail, 12 May 1941, Page 2

ROTO ROA ESCAPEE

VERSCHAFFELT convicted In a reserved judgment delivered in the Magistrate’s Court, Auckland, Mr. J. Molding, S.M., disposed of the charge of escaping from the Roto Roa inebriate’s home brought against Paul Desire Nestor Verschaffolt, aged 52, formerly Public Service Commissioner. After dealing at length with the two lines of defence taken by Mr. Noble and what he termed his “skilful argument” of the matter, Mr. Moiling convicted and discharged Verschaffolt. Verschaffolt was arrested on the charge on April 24 on the arrival of the vessel from Roto Roa Island. When the charge was heard last Thursday Air. Noble, who appeared for accused, advanced the legal defence that Verschaffelt was not a lawful inmate and therefore not subject to the clauses of the Act. He had been sent from Wellington to Roto Roa for two years, and had then been transferred to Auckland prison by order of the Minister of Justice. A writ of habeas corpus had been obtained in the Supreme Court, the judge ordering that Verschaffolt be released from prison. Verschaffolt voluntarily returned to Roto Roa. Counsel submitted that as the original warrant had been superseded and accused was released without being subject to such warrant, he was no longer a legal inmate. “It appears to me,” said the magistrate, “that the Minister’s order had no more effect upon the legal status of accused as an inmate of the home than if he had been taken therefrom by anyone without a semblance of authority. However, in my opinion, accused was in lawful custody at the time of his escape and ho could have been apprehended if >he had not returned. He says he returned voluntarily and had the distinction of being the guest of Major Norman, the superintendent. At least it appears that'his claim that he was not in lawful custody was genuine, though in my opinion wrong, and his escape was made quite openly. Therefore I will impose no. penalty, ”