CASE FAILS.

Auckland Star, Volume LXVII, Issue 104, 4 May 1936, Page 9

CASE FAILS.

CONVERSION CHARGE. LABOURERS ACQUITTED. TRIP AND ITS SEQUEL. Holding that the evidence against two young labourers charged with unlawfully converting to their own use a motor car valued at £200, the property of Shorters Rental Cars, Limited, was not sufficient, Mr. F. K. Hunt, S.M., in the Police Court this morning, dismissed the charge against both. The accused were George Edward William Cox, aged 27, and Hector Donald Connolly, aged 25. Represented by Mr. J J. Sullivan, they pleaded not guilty. In outlining the facts, Sub-Inspector Fox said % that, on Sunday, April 20, the two accused decided to hire a motor car and take two women for a trip. Neither possessed a license to drive a car, but one of the accused got in touch with another young man who held a license. They offered to pay him if he would drive them for the day. Connolly went with the young man to Shorter's garage, the former liirjng a car and paying 17/0, which Connelly gave him for this purpose. The car was hired in tliq name of the young man and was to have been returned to the garage at 8 p.m. the same day. Cox and Connolly originally intended to go to Helensville, but they changed their minds and went out to Dominion Road. It was suggested to the driver that he should call at a house and get a girl to accompany him on the trip. While he was visiting the house the two accused drove off in the car. Realising his responsibility, as he had hired the car, the young man who had been given "the slip" reported the matter to the police, and a description of the car was broadcast by radio.

"About 6 o'clock the same evening," said Mr. Fox. "Sergeant Cowan, of Pukekolie, received a message that the car was at Puni. He immediately went'out and accosted the two accused, who were accompanied by two young women. Neither of the accused Could produce a driver's license. They were taken to the Pukekohe police station, where they each made statements. Both stated that the reason they dropped the driver of the car at Dominion Road was that they considered he was not a good driver and narrowly missed colliding with a pole on the way to Dominion Road. Both said that they were returning to Auckland in the car. The car was certainly headed in the direction of the city when Sergeant Cowan accosted the men. They could have reached Auckland by 8 o'clock—" Mr. Hunt: Is there any crime in that? They were headed for Auckland. Sub-Inspector Fox: Neither had the car lawfully, so they must have had it unlawfully. The ear was hired in the name of the other man— "If there's nothing more than that in .it, I'm not going to convict thern," said Mr. Hunt.. Mr. Sullivan said that Connolly paid for the hire of the car. The magistrate remarked that, while it might have been a roundabout way of obtaining the car, it was hardly a crime. The conversion charge against both men was dismissed. Cox, who had driven the car, pleaded guilty to a charge of driving without a license, and was fined 10/.