ORDER TO COURTS

Waikato Times, Volume 132, Issue 22137, 8 September 1943, Page 6

ORDER TO COURTS

AIR DEPARTMENT PROTEST BT DEFENCE (By Tel**rrar>h—Tress Association) BLENHEIM, Wednesday The highlight of a court-martial which sat at a Marlborough air station yesterday to deal with charges against a sergeant-pilot of low flying and damage to electricpower lines was an outspoken condemnation by the defending officer, Flying-Officer J. W. P. Watts, of the action of the Air Department in issuing an order to such courts in connection with the penalties to be awarded upon conviction. The order in question, which had been brought to the notice of the court earlier in the proceedings by the prosecutor, directed members of courts-martial in such cases to have no hesitation in imposing sentence calculated to be a deterrent to others, bearing in mind that existed for the future reduction of the sentence by the convening officer. The order suggested that in the case of officers dismissal, and in cases involving N.C.O.’s detention and reduction to the ranks, would be justified. “I would like the court to consider the implication of the Air Department’s order,” said Flying-Officer Watts. “This court is appointed to administer the King’s justice, but here we have the case of the Air Board, through the Air Secretary, attempting to dictate to the court what its sentence should be in any particular offence. Not only does it go that far, but. it goes on to lay down the procedure that the court should award as high a sentence as it possibly can, bearing in mind that the convening officer can reduce it if he thinks fit. Submitted Contempt of Court “I submit,” proceeded Flying-Offi-cer Watts, “that this order is contempt of court. Any interference by an outside body—whether by the Air Board or anyone else—to influence the court in such a matter is contempt of court. Possibly this court may not be in a position to commit the Air Secretary or the Board and convict for contempt of court, but it is not doing its duty to the country if it does not show its independence by refusing to award any ";n----tence in cases of this nature until that order is withdrawn. I think this is a thing which the court should take into account in awarding sentence. If it does not it will be losing its independence, bowing to the direction of an outside body.” The court offered no comments. The Court offered no comments. Broken Power Lines

The accused was Sergeant Donald Gordon Grieve, against whom two charges were preferred, the first that of negligently damaging an aircraft in that over the Awatere River, near Seddon, on August 15. he flew the machine in such a manner that it collided with power lines over the river, causing damage to the machine as well as damage to the lines estimated at £3O. Grieve was also charged with flying at a lower altitude than that prescribed by the regulations. Pleas of not guilty were entered to both charges. After a six-hours hearing the Court retired to consider the case and its findings will be forwarded to the department for confirmation and promulgation. Evidence for the prosecution was that three high-tension lines crossing the river at a height of 80 feet were found broken and tangled. They had green and yellow paint marks on them.