Court eases major's shackles until desertion counts heard

By STAFF REPORTERS

Pedro van der Ent was celebrating a small victory last night after being snatched by the Army from his corporate job and held as a deserter.

A High Court judge freed him from military house arrest to await a court martial on the desertion charges.

He is forbidden to return to his job as a Telecom human resources adviser until the case is resolved.

After 16 years in the Army, Major van der Ent tried to resign in March to take a job in the private sector.

But the Army rejected his resignation, provoking a tug-of-war that ended with his arrest on two charges of desertion and one of failing to obey a lawful instruction.

Last Wednesday, he was placed under guard at Trentham Army Camp.

He said he had been kept in a bedroom-sized room with a single bed and no television. He was allowed to exercise one hour a day and watch TV in a special lounge under guard.

In the High Court at Wellington yesterday, Justice McGechan granted Major van der Ent bail under certain conditions. He must report daily to Army headquarters until the hearings against him are finished.

Justice McGechan called the case a special situation. He said section 24 of the Bill of Rights Act 1990 applied in a military context and it stated that anyone charged should be released on certain terms and conditions unless there was just cause for detention.

He was aware that a court-martial date could be set down in a matter of weeks.

Major van der Ent last night told the Herald he was "rapt" to have been released, and opened a bottle of chardonnay with partner, Rachel Simpson, when they returned to their Wellington home.

He would have preferred to be allowed to return to Telecom but said he would spend the time preparing for his court martial.

If found guilty, he believed he could face up to four years' imprisonment.

If found not guilty, "I just get on with my life like any other normal person."

Yesterday's breakthrough came after his lawyer, Ernie Gartrell, obtained a writ from Justice Ellis at the weekend requiring the Army to bring Major van der Ent to court and justify his detention.

Counsel for the Army, John Pike, told the court in Wellington that the decision to keep Major van der Ent under house arrest was not out of "adherence to any blind policy" but because of his failure to comply with his duty.

After his first arrest he was free to leave Trentham, and did so.

It was only when that condition was violated by non-appearance for duty that he was arrested again.

Mr Pike said it was critical for the military forces to be seen as disciplined, and an officer must obey an order to be at a post.