CHARGED WITH DESERTION

Wanganui Chronicle, Volume 85, Issue 168, 19 July 1941, Page 6

CHARGED WITH DESERTION

NEW ZEALAND SOLDIER ACCIDENTALLY LOCKED IN SHIP’S PADDED CELL WANTED TO RETURN HOME BECAUSE OF HEALTH (Press Assn.) Wellington, July IS. Accidentally locked in a padded cell in a New Zealand hospital snip, upon which he had stowed away, Private Robert Hope Martin was discovered soon after the ship had left a port in Egypt. To-day lie was charged before a District Court-martial with deserting from His Majesty s service, in that, in Egypt, on or about June 7, he absented himself without leave from the 18th Battalion, N.Z. Division, Second N.Z.E.F., until apprehended concealed in No. 1 N.Z. Hospital Ship at sea, on June 11, dressed in civilian clothes. Martin said that after being bombed and machine-gunned in Crete he decided, because of the state of his health and nerves, to get back to New Zealand. He donned civilian clothes to board the ship as a member of the crew, but he never intended to desert. He pleaded not guilty. Lieutenant-Colonel J. P. E. Veale was president of the Court. The prosecutor was Captain G. R. Powles, and the defending officer Lieutenant B N. Vickerman.

Lance-Corporal J. S. Wyrell, a mental orderly on the ship, said that on June 11 he saw Martin in a padded cell. Martin said he was one of the crew and someone had shut him in while he was having a look round. As soon as he was released Martin, who looked white and faint, rushed for a drink of water. Witness sent for the boatswain 1o identify Martin, who went down to the crew's quarters to a shower after having a drink. There he admitted he was a stowaway. In evidence, Martin said he was assistant cook at base headquarters, Egypt. He had had previous cooking experience. His battalion may have been at one of two oilier places in Egypt at the time. Ho heard that some New' Zealand personnel were to return to New Zealand, and he decided, as he was run down, to take a trip home. He left the base and went to the port from which the ship was leaving. He attempted to go aboard in uniform, telling the sentry he was one of the orderlies returning to New Zealand. He was told by a sergeant to wait until 3 a.m. before he could go aboard. He later went up another gangway, and was again sent back. Then he met some Scotch seamen and some Australians, who invited him to join them drinking beer. He said he was going to take a trip on the ship, but could not get aboard in uniform, and it was suggested that one of the men should change clothes with him. They did so, and lie got on board, saying he was one of the crew'. He eventually reached the padded cell, and while he was in it, someone, seeing the door of an adjacent cell swinging, bolted both doors and locked him in, not knowing he was there. It was very hot—well over 100 degrees. His intention was to remain in the cell until the ship had passed Aden and t hen give himself up to the military authorities. Heat Caused Collapse.

Continuing, Martin said that, he cause of the heat in tile celi, he was in a state of collapse. When released he told the captain he was a NewZealand soldier and handed him his paybook and identity disc. The captain handed him over to the O.C. and he was charged. The summary ol evidence was taken in his (Martin's) absence, and witnesses were brought before him only when the summary was read to him. He had not seen the evidence before that. On the way to New Zealand the ship made various calls, and be was locked m an annex to the padded cell. There, he noticed the key to a lavatory which fitted the door of the room in which he was locked. He could have made use of it to leave the room at any time, but did not do so.

“I never intended to desert thArmy, and I am still a soldier,’ Martin concluded.

Cross-examined by Captain Powles, Martin said that on June 7 his duty was at base headquarters. In leaving there he committed a military crime. He determined to get. back to New Zealand, but not to desert Hi:. Majesty’s Forces. The state of his health and nerves caused his decision to get back to New Zealand, and the only possible chance he had of boarding the ship was by using civilian clothes. He intended to use them only to get aboard the ship, and then tc get a uniform again. He had neve reported sick, except once when hhad influenza in Greece. He coni have reported sick when he felt :r. bad health in Egypt, but he knew' hcould not get much satisfaction. Hit sickness was more or less mental and nervous disability. Gave Uniform to Seaman. To the Court Martin said he did not take his uniform on board as a parcel, because he gave it to a seaman for civilian clothes. There were plenty of ships going anywhere, but he did not intend to desert. He did not suffer from mental delusions. Nluniform consisted of a khaki shirt and shorts, not battledress. He left his hat on the pier. He was in Crete. “How did you cease to be a member of your battalion and be posted to base headquarters in Egypt?” asked a member of the Court. “In Crete I was in ain air raid and I was bombed at Suda Bay,” said Martin. “I remember shrapnel flying ail around me. and then I remember being in what seemed to be the same air raid, but I was aboard a tramp steamer, and it was being bombed and machinegunned. The intervening time is just a blank. Whether I was struck by shrapnel, or suffered concussion 1 could not say.”

Martin said the ship went to Alexandria, and, by virtue of his injury, he went to‘the base reception camp, and, front there, to base head quarters, where he heard they wanted cooks. He put in for the job and was six days in the kitchen as cook. When he arrived at Alexandria, he addea he was held for six days for identification by the English Field Security, and he was instructed by an Australian provost to proceed to the base. A Question of Law. Captain Powles said that Martin's contentipn that he was not a deserter almost amounted to a question of law.

The prosecution submitted if a man left one branch of the service intending to go to another he committed the crime of desertion. Martin's story seemed to ring fairly true. His state of mind was that he was going to get out of Egypt somehow. After the Court had deliberated, Lieutenant W. Wood, assistant-pro-vost-marshal, Central Military District, produced a record of accused's army service. This included sentences of 28. 10, and 28 days’ detention, respectively, on three charges of being absent without leave on active service. Accused was arrested on September 14, 1939. The offences previously referred to occurred between late May and early July last year. At. the conclusion a record of thcproceedings was forwarded to the officer convening the court-martial, Brigadier N, W. McD. Weir, N.Z.S.C.