TWO CHARGES OF DESERTION

Southland Times, Issue 24598, 21 November 1941, Page 6

TWO CHARGES OF DESERTION

Volunteer Becomes

Objector

(P.A.) WELLINGTON, November 20. A soldier previously on home service, who volunteered under an assumed name to get into the New Zealand Expeditionary Force, described himself as a conscientious objector when he was charged on two separate counts of desertion before a court martial at Ti entham today. He was Private Winston Andrew Boag. The prosecutor stated that the accused went on coast defence service the day war began. Unsuccessful in attempts to enlist for overseas, he joined up under an assumed name. He deserted from Trentham camp and was arrested at Auckland in civilian clothes after 223 days’ absence. While in custody he escaped from the guard house at Trentham and was absent one year and nine days before he surrendered himself in civilian clothes at Hamilton.

The Court comprised Major A. E. Gorton, M.M. (president), Captain W. Huse and Captain P. L. Bennett, M.C. (members) and Major A. B. Sievwright, E.D., New Zealand Army Legal Department (judge advocate). Captain J. W. Hollows was prosecutor and Mr F. W. Ongley defended the accused. The accused was first charged with desertion in absenting himself without leave from Trentham camp from April 7, 1940, till he was apprehended in civilian clothes by the civil authorities at Auckland on October 20, 1940. ACCUSED’S OBJECTIONS Major Gorton (to the accused): Do you object to me as president? The accused: Yes, I am satisfied you can’t give me an unbiased judgment. Do you object to me as president or as an individual?—To you as president. You, as a subsidiary authority have not the God-given right to judge me. Can you satisfy me you have? Do you object to any members of the Court? —Yes. to both for the same reason.

Major Sievwright: You object to be tried by any military tribunal? —I do. Then your objection is not to the president or the members personally?— I object to being judged by a military court which I consider is a subsidiary authority for the State. I do not recognize the State as having the right to judge my conscience. The Court disallowed the objection. Asked to plead the accused replied: “You understand you are carrying on despite my protest. I’ve given you due warning. I refuse to plead in accordance with military law.” This was treated as a plea of not guilty. Mr Ongley said the accused had been reading and studying matter that the average person neither read nor studied and from this got the fixed and settled view he now advanced. Some years ago he left his work to spend a period at his home, where for days he would not be seen. He was obviously studying and devoting attention to the type of matter' previously referred to. It could be seen that the accused’s troubled state of mind was the result of unguided, perhaps misguided, studies. The Court has delivered its recommendations on both charges to the convening officer, the Adjutant-Gen-eral, Colonel A. E. Conway. Sentence will be announced after promulgation.