REQUESTS BY OIL CONTROLLER

Press, Volume LXXIX, Issue 23942, 8 May 1943, Page 2

REQUESTS BY OIL CONTROLLER

REFUSAL TO SUPPLY INFORMATION CONVICTION ENTERED (P.A.) INVERCARGILL, May 7. In a reserved decision delivered in the Magistrate’s Court to-day Mr R. C. Abernethy, S.M., convicted and fined Edric Ivan Heads, a tobacconist, £ls for failing to comply with the requirement of the district Oil Fuel Controller that he furnish the names and addresses of persons from whom he had obtained petrol coupons. In his judgment the Magistrate said he did not think defendant’s explanation of receiving a gift of coupons was borne out by the evidence. The defence that the question of a gift of a petrol coupon being a legal transaction could not be inquired into was ingenious, but he held it was unsound. If, for such reason, an inquiry into the use of the petrol could not be made the effect of the regulations would be nullified. “The Oil Fuel Controller has not proceeded upon a mere technical breach, but has asked the defendant for his explanation of clearly excessive and possibly illegal use of petrol,” said the Magistrate. “The controller has sufficiently checked the matter to ascertain that, prima facie, it is much more than trivial, and in my opinion he has proceeded not only with circumspection but with reasonableness.”

The Magistrate said he would not inflict a heavy penalty in his first prosecution, but he would treat any further similar cases as contumacious and impose a much heavier penalty. If his view of the matter was wrong it could be, and he hoped it would be, set right on an appeal. He said that, not because he did not hold a strong view of the matter, but because the issue was important.