53

H.-19b

Hon. Dr. Findlay: I think that you would do better to let me proceed. Continuing, the Minister said he would ask those present to believe that Colonel Tuson was an honourable English soldier. Colonel Tuson may have erred, but he (Dr. Findlay) asked them to believe that he was an honourable man, and that his recommendation had been honestly made. Mr. Parr: We do not deny that. Continuing, the Hon. Dr. Findlay said that when a matter was referred for judgment to a man of lifelong experience it was only natural that his decision should carry some influence. Colonel Tuson reported to Cabinet that the letter was so insubordinate as to warrant dismissal. Cabinet upheld that recommendation, and he was one who shared the responsibility of that decision. Mr. Glover: Was Colonel Tuson not influenced by his superior officer? Hon. Dr. Findlay: I do not believe anything of the sort, and I ask you to do him the justice of admitting the honesty of his intention. Referring to the request of the deputation which went to Wellington to ask for a new trial, the Hon. Dr. Findlay said that Colonel Tuson had asked him whether the proceedings were in any way invalid, and whether they could commence de novo. The Crown law officers were also asked for a report on the question, and the reply was that there had been nothing invalid about the proceedings. What ground, therefore, was there for a new trial? Could the Government do anything else? The proceedings and the dismissal were valid in law, and there was nothing else that could be done under the Act. Mr. Parr: And do you say that the Government can go no further? Hon. Dr. Findlay: Ido not. lam making the legal position clear —that the Prime Minister acted upon responsible advice, tendered by his legal officers. I accept that responsibility. It has been said that the Government's action in the matter was brutal—- — Mr. Peacocke: I said the sentence was brutal. Hon. Dr. Findlay: Similar remarks have been made, and one of the resolutions handed me speaks of the sentence as grossly unjust. That implies that we acted in a malignant way. Continuing, the Minister said it would have been infinitely more easy for the Government to have said that it would give another trial or inquiry. But they have taken the less pleasant course, which was what they believed the just course. No one was more sorry than he that Mi , . Knyvett had so far forgotten the highest traditions of discipline. The legal aspect of the case he had pointed out to them. Their further representations he would be pleased to bring before the Minister of Defence.

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