SHARPLY REBUKED.

Auckland Star, Volume LIX, Issue 254, 26 October 1928, Page 7

SHARPLY REBUKED.

AUCKLAND J.P. FINED.

SIGNED FALSE DOCUMENT.

"ABSURD STORY," SAYS MR. HDXT,

"You have no right to be a Justice of the Peace at all." Using these words and many others,

Mr. F. K. Hunt, SAL, strongly rebuked

William Langley Rowland, an Auckland JJ. and fined him £■5 and costs at the Police Court this morning.

Rowland and J. Lapinovich were each charged with wrongly claiming a refund of benzine tax, the cases being the first to be taken under the Motor Spirits Taxation Act.

Chief Detective Hammond prosecuted, while Mr. C. S. Leahy appeared for both defendants, who pleaded not guilty. Each rase was taken separately.

Mr. Hammond said that Lapinovich had a quarry at Penrose and used a stationary type of motor engine there. Under the new Act he was entitled to a refund of 4d per gallon for benzine used in this engine. Instead of making application on June 30, he did not make application for the refund until August 14, it being alleged that he took his application to Rowland, a Justice of the Peace, who antedated it. "He really submitted a false document," said the Chief Detective.

Evidence to support this was given by E. H. Tyler, of the Motor Registration branch, who said that application for a I refund must be made within 90 days of petrol consumption. When Lapinovich ' presented the application on August 14, purporting to be signed on June 30 by Rowland, witness imponnded the declaration. Chi being questioned, Lapinovich admitted that it had been signed on August 14 and not June 30. Mr. Leahy: Did Lapinovich come to you and ask you what he was to do? Did he ask advice about it? —No, he lyrought it to me ready signed. Mr. Leahy submitted that the wording of the Act was faulty and that Lapinovich was confused by it. His confusion could be understood .because after the Act had been passed, another regulation was brought into fopce. After further eviaence had been heard, Mr. Hunt decided to convict Lapinovich.

Antedated the Application. Giving evidence in Rowland's case, Detective Sergeant Doyle said he interviewed him on September 21. Rowland stated that he remembered Lapinovich coming to his shop on August 14 and showing him the application form. Lapinovich also brought the confirmatory invoices. Defendant placed tbe correct date on the application and handed it to Lapinovich, telling him to take it to the postal officials. Some time later Lapinovich returned and said that the postal official told him that it would have to be antedated, so he (defendant) copied the particulars out on a blank form and antedated it, and signed it. He tilled in three forms for Lapinovich altogether. One he had destroyed. After obtaining this explanation from Rowland, Detective Sergeant Doyle said he then saw Lapinovich again. Lapinovich said he did not remember anvthin«» about it. *

_ Mr. T.eahy raised a technical objection 1 j the wording of the charge brought against Rowland. "If he is liable for anything, it must be only on a charge of negligent performance of bis duties as a J J.," said counsel. "He is not charged with that." "I admit that the charge is not worded as good as it might be, but it can be amended," said Mr. Hunt.

"I submit that Rowland, when he witnessed and signed the application as a J-P-, knew the application was being made on August 14, whereas it was filled for June 30," said Chief-Detective Hammond.

Mr. Hunt noted counsel's objection, and then heard Rowland's evidence.

He stated that he merely did what Lapinovich told him. Lapinovich said that the postal official told him to make • fresh application and antedate it. "Rubbish!" "Rubbish!" said the magistrate. "That story is too absurd; it does not hang together. The post office stamps knock it out. I know exactly what happened. You wished to help Lapinovich, but why not admit it, instead of telling me this tale? Do you suggest that the Post Office would ask Lapinovich that you should make a false declaration!" Mr. Leahy: At the worst, it was purely negligence on Rowland's part, your Worship. As a Justice of the Peace it will be a serious matter for him to have a conviction recorded against him. J would ask for a dismissal on—

Mr. Hunt: The whole svstem of our procedure depends on these declarations— they have a great value. Lapinovich is only nominally guilty. He will be convicted and ordered to pay the costs. But in Rowland's case the "matter is more serious. He deliberately put on a wron-» date, and the nonsense he tells me is not true, because the Post Office date stamp proves it to the contrary." '*1 thought I was justified in doing what I did," said Rowlands. Mr. Hunt: No, you were not. You have no right to be a JJ». at all, and vou are fined £5 and costs. We depend* so greatly on the declarations in the Courts and Government Departments, and your breach of duty and justice is very verv reprehensible.