EIGHT CHARGES OF THEFT

Press, Volume LXXXII, Issue 24869, 8 May 1946, Page 8

EIGHT CHARGES OF THEFT

ACCUSED FOUND GUILTY (P A.) AUCKLAND. May 7. The trial of Harry Percy Ellis, aged 75, a pensioner, on eight charges of fraudulently converting £2900 to his own use was concluded before Mr Justice Callan to-day, and resulted in a conviction. The Crown, for which Mr G. S. R. Meredith appeared, alleged that in May, 1944, just before Robert Glenmark Fryett, now aged 23, went overseas, the accused obtained from him a comprehensive power of attorney, and that he used this to dissipate Fryett’s assets to the extent of £2900. Fryett hadv received a legacy of £4OOO when he attained the age of 21. The accused conducted his own defence. A representative of the Social Security Department, William Pyett Johnston, gave evidence that the accused had been in receipt of an old-age pension, now amounting to £lO4 a year, since December, 1938. Each year since then he had declared his income as nil.

Senior-Detective Aplin said that when accosted on March 26, accused said he could explain everything, and get the money back for Fryett. He said he had bought a farm worth £3OOO for Fryett. At the close of the Crown case the accused was granted an adjournment to prepare an address to the z jury. Speaking from the dock, he claimed to have done a great deal for Mrs Fryett, the complainant’s mother. “I admit I took that money out,” he said, "but I thought I was doing the boy good. I know I can get it back.” His Honour said if the jury cafne to the conclusion that the accused had been lying to them in the long speech he had made, then the conclusion was perfectly clear that he was lying because he had something to hide. If they convicted the accused he should be found guilty on the alternative charges of theft.

The jury, after a retirement of about three-quarters of an hour, found the accused guilty on all eight counts of theft. The jury added a rider that “We view with alarm the easy manner in which the power of attorney was granted tg> the accused without adequate warning being given to- Robert Glenmark Fryett by his legal advisers.” The accused was remanded for sentence.