ARMY RESERVIST CHARGED

Southland Times, Issue 24649, 22 January 1942, Page 6

ARMY RESERVIST CHARGED

Alleged Refusal Of

Treatment

Maxwell Joseph Bute], 29 years of age, a motion picture proprietor of Mataura, appeared in the Magistrate s Court yesterday before Mr R. C. Abernethy, S.M., charged with refusing to report for treatment deemed necessary to make him fit for service with the armed forces. He was represented by Mr G. J. Reed.

Senior-Sergeant W. T. Kelly said that the defendant was called in the third ballot. He had been medically examined on January 20, 1941, and classed la. He was suffering from varicocele and an operation had been recommended. He had been re-examined on March 11, 1941, by two doctors, who deemed an operation necessary. He was notified to report at the Southland Hospital to undergo an operation but had refused to do so.

Dr R. Burns Watson said that on December 11, 1941, the accused reported at the Southland Hospital. In his opinion an operation was necessary. He did not think the accused was in a nervous condition. He agreed that the complaint would aggravate the nervous state of a person. He knew of no form submitted to the accused at the hospital absolving the authorities of any responsibility of blood poisoning or disease while the accused was undergoing the operation. OPERATION RECOMMENDED Dr Garfield Crawford said he examined the accused on January 20 with Dr Gibson at a sitting of the medical board. After making inquiries he found that Butel suffered from a slight nervous breakdown in 1939. The accused stated that he had been suffering from varicocele for six years. With Dr Gibson he had recommended an operation. To Mr Reed the witness said that medical opinion was equally divided for and against an operation. He understood that a man 20 years of age died recently at Gore as the result of a similar operation. It was the first he had heard of any form absolving the authorities of responsibility. Dr A. W. Owen-Johnston said he examined the accused on March 11, 1941. The accused could not go overseas without having an operation. In his opinion the accused had a large varicocele which could be fixed within a month. Dr J. A. Pottinger said Butel consulted him before the war. He had been mentally depressed. That was in June 1938. The operation was a small one, but could not be undertaken lightly. WILLING TO SERVE Mr Reed said Butel was willing to do any service overseas if the Army would let him go as he was. “I have very little sympathy with that point of view,” said the Magistrate. Mr Reed: The position is that this man has got the “wind up.” There are plenty of men who would shun the operation, which could be dangerous and could lead to trouble. Mr Reed criticized the National Service Emergency Regulations relating to the charge and said that they were invalid. Butel said he had consulted Dr Pottinger before the war. His nervous condition was low and he had lost a considerable amount of work. He had reported at the Southland Hospital as notified and had been asked to sign a

form absolving the authorities from certain responsibilities. He had not been well and because of this did not want to sign the form. He had heard of the death of a man at Gore through an operation for varicocele. The hearing was adjourned until today.