CHARGED WITH INSUBORDINATION

Poverty Bay Herald, Volume LIII, Issue 16364, 11 June 1927, Page 16

CHARGED WITH INSUBORDINATION

SERGEANT-MAJOR'S ACTIONS. FIRST COURT MARTIAL IN N.Z. SINCE WAR. (Per Press Association.) HAWERA, last, night. What is believed to be the first sitting of a military court in New Zealand in reference to charges against a member of the permanent staff since the war was held to-day, when Sergt.-Major C. S. Mahoney was charged with insubordination. Major N. W. MeD. Weir was president of the court martial. Accused was charged with (a) disobedience of the lawful command of a superior officer, Capt. B. W. Harvey—when in the Waverley Mounted Rifles' camp he refused to go to his tent when ordered; {I)J using insubordinate language, in that ho said, "1 will not take orders from any territorial officer" : (c) an act to the prejudice of military discipline in that he called Captain Harvey "Harvey" and performed an insulting act with his hands. The lawyer, Mr. Spratt, for the accused, pleaded not, guilty, objecting to the first two charges, on the, : grounds that the charges did not disclose offence under the Army Act, ( and were not in accord with the rules of procedure under the Army and Defence Acts. The objections were disallowed. The objection hinged on the interpretation of the words "permanent force," constitution of which was shown to be a separate entity bv an amendment of the Defence Act, 1912. Capt. Harvey, in evidence, said ho asked accused to give his reason for being late at stable parade. Accused refused, telling witness lie was answer ab!e to his commanding officer, and that he would not take an order from a territorial officer. Witness ordered him to his tent, accused refusing. Later he. called out '.'Hey, Harvey." putting his fingers to his nose. Lieut. D. Forsyth,- an eye-witness, said he heard the trouble, hut did not hear accused address Captain Harvey as anything but Captain. Capt. B. W. Smart, another eye-wit-ness, said he did not hear the conversation for some time, but could tell it became heated. Accused continued to salute Captain Harvey. He heard accused say "I won't take orders from territorial officers." Capt. Harvey ordered him to his tent. He heard the accused shout, and saw him put his fingers to his nose. Evidence for the defence was given by accused, who stated that he was not aware of the time at which the squadron was to proceed to water, and his watch had stopped. Later, Captain Harvey demanded an explanation. Accused replied that he received no orders to bring the squadron back to the lines. Being told that that was no excuse, he suggested that if there was any complaint Captain Harvey should report to the adjutant. The quarrel developed. Captain Harvey ordered accused to his tent and he refused to do so, and said he could take no orders from a territorial officer. Accused understood he was answerr.b'e only to staff officers. He denied that ho put his fingers to his nose, or called out "Hey, Harvey." He suggested that he had used the expression "I'm Mahoney." Evidence was given by a number of local citizens as to character. The court closed for consideration of its finding. No announcement was made, and will, not be available until it is confirmed by headquarters and the Judge-Advo-cate.