MILITARY COURT

Southland Times, Issue 20201, 11 June 1927, Page 7

MILITARY COURT

SITTING AT HAWERA CHARGES AGAINST STAFF SERGEANT-MAJOR INSUBORDINATION ALLEGED (Per United Press Association.) Hawera, June 10. 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 Sergeant-Major C. S. Mahoney was charged with insubordination. Major N. W. McD. Weir was president of the court-martial. Accused was charged with: (a) Disobeying the lawful command of a superior officer, Captain B. W. Harvey, when the Waverley Mounted Rifles were in camp, by refusing to go to his tent when ordered; (b) using insubordinate language in that he said “I will not take any orders from any Territorial officer”; (c) act to prejudice military discipline in that he called “Harvey” and performed an insulting act with his hands. Lawyer Spratt, for accused, - pleaded not guilty, objecting to the first two charges on the grounds that the charges did not disclose an offence under the Army Act and were not in accord to the rules of procedure under the Army and Defence Acts. The objections were disallowed. The objection was hinged on the interpretation of the words “permanent force,” the constitution of which was shown to be a separate entity by an amendment of the Defence Act, 1912. Captain Harvey, in evidence, said he asked accused to give a reason for being late for stable parade. Accused refused, telling witness he was answerable to the Commanding Officer and that he would not take orders from a Territorial officer. Witness ordered him to his tent. Accused refused, later calling out “Hey, Harvey,” and putting his fingers to his nose. Questioned by the Court, witness could not say whether accused had gone to the tent subsequently, but at the time said “I won’t.” Lieutenant D. Forsyth, an eye-witness, said he heard trouble but did not hear accused address Harvey anything but Captain, nor did he see him put his fingers to his nose. Captain B. W. Smart, another eye-witness, said he did not hear the conversation for some time but could tell it was becoming heated. Accused continued to salute Captain Harvey. He heard accused say “I won’t take orders from a Territorial officer.” Captain Harvey ordered him to his tent. He heard accused shout and saw him put his fingers to his nose. Evidence for the defence was given by accused who stated 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 and accused replied he had 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 and the Captain ordered accused to his tent. He refused to do so and said he could take no orders from a Territorial officer. Accused understood he was answerable only to Staff Officers. He denied he had put his fingers to his nose or called out “Hey, Harvey.” He suggested he used the expression “I’m Mahoney.” Evidence was given by a number of local citizens as to character. The Court then closed for consideration of the finding. No announcement was made and it will not be available until confirmed by Headquarters and the Judge Advocate.