SUPREME COURT

Press, Volume LXXXIV, Issue 25629, 19 October 1948, Page 3

SUPREME COURT

FOUR PRISONERS SENTENCED

Four prisoners appeared for sentence before Mr Justice Fleming in the Supreme Court yesterday.

Fined £lOO Frantz Bonisch Garlick, aged 36, a seedsman, who had pleaded not guilty in the Magistrate’s Court to a charge that he failed to stop his motor-car after an accident in which Robert William Hodgson was killed on< Riccarton road on July 18, pleaded guilty to the charge. Mr C. S. Thomas, who appeared for Garlick, said that, during the peak three months of the year, Garlick travelled approximately 25,000 miles in his car on business. He had never had any accident before the one which was the subject of the charge, nor had he ever had a prosecution of any kind concerning motoring. It was a hit and run ca'ie in which a man was killed and the driver went on. Some witnesses were apparently incensed and their evidence in the Lower Court was exaggerated. An unbiased witness said that Garlick’s speed was faster than usual, and Garlick said it would be 35 miles an hour. The statements in the depositions could not be taken at their face value. Garlick had spent the day at Leeston, and while there he was asked by three strangers for a lift to Christchurch. They were under the influence of liquor and he refused. They pressed him and he finally agreed to take them. He drove in the normal way to’the city and, when he reached the Puriri street ■ intersection, he felt a bump which, he thought, was caused by a hole in the road. He did not see the man he later knew he had hit. He did not hear any crash,“probably because the car windows were closed. He did not see the man, perhaps becausb he might have fallen momentarily into a half doze after a long day. When he felt the bump he asked what it was and one man in the back seat said he thought Garlick had hit someone, but the other man said he had not. Garlick should have stopped, but through the argument in the back seat he faltered and came to a wrong decision. There were no complicating features in the case. There was no suggestion of liquor. His record and reputation were beyond reproach. His Honour said that, in the circumstances, he would not send Garlick to prison, but he must impose a which would impress him and all other motorists with the seriousness of the offence. Garlick was fined £lOO. Reformative Detention

Joseph Nalepa, aged 37, a grinder, who had pleaded guilty in the Lower Court to a charge that, on September 14, with intent to annoy or injure June Annette Nalepa, he attempted to make her take poison, was sentenced to one year’s reformative detention.

Mr N. S. Bowie, counsel for Nalepa, said it was an case. Nalepa was a Polish national and served in the Polish Army, finally reaching England by way of Jugoslavia, Rumania, Turkey, and Greece. He then served in the Polish section of the R.A.F. Counsel told the Court how Nalepa and his wife met in England but did not go out together. When Mrs Nalepa, then June Buddle, returned to New Zealand, Nalepa got a friend to write to her on his behalf, and she agreed to rriDrry him if he came to New Zealand. Within three months of the marriage Mrs Nalepa wanted a separation, but Nalepa was so averse to it that he tried to commit suicide. There was a reconciliation, but it lasted only a short time and a deed of separation was signed in June. Nalepa said he only intended to frighten his wife or make her sick. The analysis showed that the dose of poison in a cup of tea was only one third of a fatal dose, and there was no chance of Mrs drinking the whole cup of tea. “After the evidence in the Lower Court Mrs Nalepa and her mother told the de-tective-sergeant to oppose bail, but 10 minutes later they were asking to see him and five minutes later I was informed there had been a reconciliation,” said counsel. "After going to see Nalepa in Paparua prison she said a reconciliation was impossible in any circumstances. Now, this morning, she says a reconciliation might be possible Nalepa has been in prison for 34 days. I submit this is a case for a suspended sentence,” said counsel.

Mr A. W. Brown, Crown prosecutor, said the whole matter was a foolish one, but it was a highly dangerous thing to do. It might well be met by a suspended sentence.

“Poisoning and attempting to poison are a class of crime which can’t be tolerated in this country,” said his Honour, sentencing Nalepa.

Prison for Theft Sydney Robert Gregg Smith, aged 52, a labourer, also known as Samuel Robert William Smith, who was represented by Mr J. K. Moloney, was sentenced to six months’ imprisonment with hard labour on a charge •bf theft. His Honour said that Smith had a very bad record and warned him that, if he came before the Court again, he would probably be declared an habitual criminal.

Theft of Motor-cycle Nicholas Albert Gay, aged 27, a mechanic, who was represented by Mr B. J. Drake, was sentenced to six months’ imprisonment with hard labour for the theft of a motor-cycle. He was warned that he might be declared an habitual criminal if he appeared before the Court again. ’

"In view of this man’s record it is too late in the day to ask for probation or a suspended sentence,” said nis Honour.

Petition for Divorce Arthur Douglas Cooper (Mr G. C. Sandston), who petitioned for divorce from Myrtle Rubina May Cooper, on the ground of separation, was granted a decree nisi. The petition was not defended. Discharge from Bankruptcy Frederick Ladbrook, formerly a farmer, of Doyleston, and now a labourer, of Christchurch, applied for a discharge from bankruptcy. An order for his discharge was made. Mr G. P. Purnell appeared for the applicant.