HAD NO MEANS

Auckland Star, Volume LXXII, Issue 140, 16 June 1941, Page 8

HAD NO MEANS

BOUGHT MOTOR CARS

SOLDIER FOR SENTENCE

On two charges brought on summons under the Bankruptcy Act, a soldier at present training in Papakura camp, Cecil James Rogers, who was described as an agent, appeared in the Police Court before Mr. F. K. Hunt, S.M., to-day. He was convicted on both charges and remanded until to-morrow morning in custody for sentence.

Rogers, for whom Mr. Uren appeared, was charged that, having been adjudicated a bankrupt on November 1, 1940; he contracted, on October 26, 1940, a debt of £338 7/, made up of £125 for a sedan car with jAlex. Davie, Limited, and an indebtedness of £213 7/ with Auto- ; mobile Investments, Limited, withiout having any reasonable or probable expectation of being able to pay this as well as his other debts, and with contracting a debt of £386 13/5 for a sedan car with Campbell Motors, Limited, on October 15, 1940. Assets Nil Mr. N. Smith, who prosecuted on behalf of the Official Assignee, said that four days after committing the first offence, Rogers filed his petition in bankruptcy. At that time it was shown that he owed £807 11/8 to his creditors, his assets being nil. Rogers had three bank accounts. One had a credit of 12/ and the others small debits. When he purchased the car on hire purchase from Campbell Motors, Limited, Rogers tendered a cheque for £5 as a deposit. This was dishonoured and Rogers did not take possession of the car. In the other case he gave a cheque for £125, the balance being assigned to Automobile Investments, Limited. The cheque for £125 was returned as there were no funds in the bank to meet it. Rogers had the use of the car for a fortnight before it was taken back by Alex. Davie, Limited. In the meantime it had been fitted with a gas producer. The cost of putting the car in order was not claimed against Rogers. No Defence Mr. Uren submitted a technical defence and considered that no proceeding could be taken against Rogers without the leave of the Court, as was provided for in the Debtors Emergency Regulations. At the time of his bankruptcy Rogers was an enlisted soldier, although he was not called up for service until later. Mr. Smith pointed out that the Debtors Emergency Regulations only affected the civil rights of soldiers and that the present prosecution was a criminal proceeding and not a civil one— "That is quite right," said the magistrate. "These are penal offences. These charges are unanswerable." Defendant gave evidence as to the failure of a publishing venture which resulted in his bankruptcy and said he had been compelled to file. His wife, who was in England, had means and he could have obtained sufficient money from her to pay his debts, but on the day he filed his petition a baby was born and he did not wish to worry his wife. Mr. Uren: If he had been given time he would have been able to meet all his debts. I submit that is an answer to these charges. "Flagrant Case" "Well, I have no hesitation in convicting this man on both charges This is as flagrant a case as one could find. Owing a large sum of money and having no assets he goes and purchases two motor cars. Of course, he may not be a good business man and may have had hopes, but that makes no difference. I will remand him in custody until to-morrow morning for sentence."