WENT TOO FAR

Wanganui Chronicle, Volume LXXXIII, Issue 20151, 21 May 1928, Page 7

WENT TOO FAR

WARDERS CENSURED Breach of Discipline in Capturing Escapee FINDING OF BORSTAL INQUIRY I Per Press Association. ] WELLINGTON, May 19. The finding of the inquiry into tho allegations of brutal treatment to an escapee by Borstal officers was released by the Minister of Justice to-day. After reviewing tho evidence Mr G. Cruickshank, S.M., before whom the inquiry was held, said that he thought that the number of blows as stated by the Bairds was an excusable mistake, otherwise marks on the face would have been more severe and prominent, and Flanagan would have been knocked down. lie found on the facts that Flanagan was struck once by each warder, the blow being hard enough for the marks of them to bo seen two days later. Ho was satisfied that Trimble too* no part Pu the striking and was not aware of it, and nothing that that officer did in any way detracted from his fine record in the past. As to the warders Kennedy and Robertson, it was, of course, easy in the light of after events from an office desk to condemn them as guilty of a somewhat cowardly assault upon a youth who had surrendered to them, who was in their power and could not retaliate, and who was weak from exposure and want of food. At the same time an exaggerated anxiety about the sacred nature of the persons of inmates who escaped from the Borstal would have the effect of encouraging other inmates to run away if a favourable opportunity offered. The conduct of the warders in striking Flanagan was wanton and senseless, but the blows were not in any way severe. Flanagan himself made light of the blows, evidently thinking that ho had received only what ho deserved. There was this to be said for the warders—it was the third escape that month. They had been out for three days in dreadful weather and their tempers were frayed. Tho other escapee, Maxfield, had stolen a revolver and cartridges, and had not scrupled to point tho loaded weapon at all who obstructed his passage. It was known that Flanagan had stolen a shotgun, and fear of his being armed had made the warders stern in their manner of arrest and search. Summarising, the Magistrate said that Keannedy and Robertson were guilty of a breach of discipline and the prison regulations, in each striking an unwarrantable blow at a surrendered escapee. The warders had an excuse in mitigation that there was no evil intent behind their acts. Trimble was completely exonerated. The Magistrate said that it was not within his province to deal with the warders, but if n? would be permitted to make a suggestion ho thought that th? whole inquiry had taught them a lessen and a severe reprimand would meet tho case.