THREE SOLDIERS TRIED

Timaru Herald, Volume CL, Issue 22064, 10 September 1941, Page 7

THREE SOLDIERS TRIED

Desertion Alleged

One Pleads Guilty

(P.A.) WELLINGTON, Sept. 9. Three soldiers of the Second New Zealand Expeditionary Force, including one who served in the Great War and had done six months’ service in Fiji during the present war, were charged with desertion before a district court martial at Trentham to-day. In each case the report of the proceedings will be forwarded to the convening officer, Colonel Weir, and sentence will be announced when promulgated. Private Carlyle Pardof was charged with desertion in that he was absent without leave from July 23 to August 28, when he surrendered himself at Trentham Camp. He pleaded not guilty. The prosecuting officer said the question for the court was whether 36 days absence without leave constituted desertion.

Evidence was given that the accused was due back in camp on July 23 after seven days’ sick leave. He actually returned on August 28, having been posted as deserter on August 1. The defending officer said that to establish desertion as distinct from absence without leave it must be shown that there was intention to desert the army altogether. It was difficult sometimes to distinguish between the two offences. Mere length of absence was not evidence Of desertion. A soldier could be absent for a year and not be guilty of desertion. On the other hand he could be away only six hours and be guilty of desertion. It was all a matter of Intention and in this case the accused returned voluntarily in uniform. An Old Soldier Private Gordon Smith Wilkinson was charged with desertion on active service by being absent without leave from June 16 till apprehended by the civil police at Feilding on August 27. The prosecuting officer said the accused’s absence of 74 days followed a term of service in Fiji. It was not sufficient for accused to say, in effect, “I was arrested in uniform, therefore that shows I did not intend to desert.” The defending officer said intention and motive for desertion must be proved. The fact of 74 days absence was not in itself proof of desertion, and evidence of this absence was all there Was before the court. Accused served in the Great War and six months in Fiji in the present war. He came back and probably tried the “old soldier’s” trick of wanting more leave and just taking it. , The judge advocate said the criteria of desertion as against absence without leave were the items showing intention. The facts in this case were accused’s absence for 74 days and his being arrested 114 miles from his camp. Time, pace and distance were factors in establishing desertion. Accused might well have remained in uniform to get the advantages of it. It could be seen from his ribbons he had served in the Great War and he could truthfully tell people he had served in this. Thus, as an old soldier, he could expect hospitable treatment. Accused’s age was 40. He had been charged with absence without leave for 15 days before a district court martial in September, 1940, when the sentence was reduction to the ranks (from sergeant). To Help a Friend Private Ronald Edward Jukes, agipd 24, was charged with deserting ou May 25, 1941, in that he absented himself while under arrest from the detentton barracks at Trentham till apprehended by the civil police at Dunedin on August 21 wearing civilian clothes. This soldier was not represented by a defending officer. Evidence was given that the accused was sentenced to 90 days’ detention by a district court martial at Trentham in May last on a charge of desertion. In that case he had been absent without leave from December 4, 1940, to May 1, 1941, when he was arrested at Blenheim wearing civilian clothes.

Accused, who pleaded guilty, made a statement that he had been advised by a friend that she was in difficult circumstances. He had been worried about her and was anxious to assist. After serving six days of the 90 days’ detention he decided to escape and see what he could do to help her. He escaped, then went to Dunedin where his friend was and got a job. His idea was to get money to help his friend, and when she was no longer embarrassed to return to camp. He knew when he determined to escape that he would have to face another court martial, but thought he would stand by his friend, whose difficulties were not of his making. He was genuinely anxious to serve his country and to go overseas at the first opportunity. He was a volunteer.