By PATRICK GOWER
The Army is being forced to explain in court why it is detaining an officer for desertion.
The officer's lawyer, Ernie Gartrell, successfully applied for a writ of habeas corpus from Justice Ellis yesterday.
"It is a rare step to take, but there are not that many unlawful holdings of people in this well-ordered country of ours," said Mr Gartrell.
The onus was now on the Army to justify the detainment of Major Pedro van der Ent when it appeared in the High Court at Wellington today, he said.
Major van der Ent served in the Army for 16 years before leaving his position in human resources earlier this year to pursue a career with a company in the private sector.
His resignation was later rejected by the Army, and has resulted in a tug-of-war that ended with his arrest on two charges of desertion Mr Gartrell - who is also a territorial force colonel - did not know of any New Zealand Army officer who had been charged with desertion before, let alone one who had applied for early release. Major van der Ent has been under house arrest at Trentham Army camp since Wednesday night while he waits for a court-martial date to be set.
Although the Herald spoke to him last week, last night all calls were fielded by Major Chris Lawrence - Major van der Ent's "escort" - who said he was under orders to block virtually all contact with him.
Major van der Ent's partner, Rachel Simpson, said he would be pleased to hear "things were one step closer to a sensible resolution."
"I mean, this is abnormal. Their [the Army's] stubbornness is affecting our lives. It's placing a lot of strain on things."
Trentham commander Brigadier Jerry Mateparae said the Army was reluctant to comment on Major van der Ent's fate because the matter was sub judice.
A court-martial date would not be set until Major van der Ent's commanding officer had reviewed the evidence.
He confirmed the Army would appear in the High Court today, but would not comment further.
Desertion claim taken to court
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