Supreme Court Carpenter On On Car Conversion Charge

Press, Volume XCVII, Issue 28742, 13 November 1958, Page 22

Supreme Court Carpenter On On Car Conversion Charge

Roger James Allan Payne, aged 21, a carpenter (Mr A. D. Holland), pleaded not guilty when he appeared before Mr Justice McCarthy and a jury in the Supreme Court yesterday on charges that on September 20 he stole a motor-car valued at £lOOO, the property of Frederick Walter White, and that he unlawfully took the car. Mr C. M. Roper appeared for the Crown.

The charges were alternative. The second one was usually referred to as unlawful conversion, that was taking the car. say for a joyride, but not with the intention of depriving the owner permanently of it, said Mr Roper stating the Crown case to the jury. He said that the Crown ! relied on the main on the second | charge. Thp owner parked the car in the backyard at his home between 5.30 p.m. and 6 p.m. on September 30. said Mr Roper. About two hours later he found that the car was missing. The next news of the car was at midnight when it was involved in an accident |in Madras street. The driver was injured and was taken to the j public hospital where he received ; treatment. He was seen by the ■ police and gave his name as : Christopher James Bayne and an i address in Merivale lane. He | said he did not have his driver's | licence but the constable saw he had one and took it. This licence was in the name of Roger James Payne Later the man. who was the accused, said his name was Payne and that the car belonged to Freddie White, whom he had known for years. Mr Roper, said that Graham White, son of the owner of the car. knew Payne and was in his company on the forenoon of September 20 When Graham White drove his car home about 8 p.m. he saw that his father’s car was not there. Later that evening Graham White went to a narty Pavne arrived and Graham White told him about his father's car being taken but Payne said nothing. Payne left the narty at 11 p.m., and Graham White staved on. Payne told the police that •he had the permission of the 'owner of the car to take it and Igo and look for his son. I Evidence on those lines was igiven by Frederick Walter White a company manager, and owner lof the car alleged to have been i taken. Arrival at Party I David John Sinclair, a salesman, said he was at the party when IGraham White arrived there White had “issued a statement" to evprvone in the room I He said his father’s car was missing Ho did not know where it was and that was whv he was 1 late arriving at the party. Sinclair said hr thought evervone in the room heard what Graham White said. Payne had arrived at the party about 11 p.m.. said witness. Frederick Graham Alexander White said that when he got home his father’s car was not there but his father was home. “My father asked where the car was and I then learned it was missing.” Cross-examined by Mr Holland White said Payne had been in his circle of close friends. He would have been surprised if Payne had said at the party that he had the car.

White said he did not think he had misheard Payne’s reply when he asked him about the 'car. He said his friends had [been in his parents’ cars and on [occasions some of them had ' driven with his parents’ knowI ledge. | Replying to his Honour. White said that at no time during the [Saturday had he told Payne he I could borrow his father’s car. I He had not given anybodv i authority to borrow his father's , car. Police Evidence Constable R. A. V Cooper said 'he interviewed Payne at the [hospital after Payne had been involved in an accident with the car, belonging to White, senior, in ■ Madras street. There Payne had insisted that his name wa* Christopher James Bayne, but he had in his wallet a driving licence made out to Roger James Payne. To Mr Holland, he said Payne still said he was Bayne even after the driving licence had been seen.

Detective B. D. Reed said ne interviewed Payne at the Police Station. Payne had said he had

authority.to borrow White’s car

Detective Reed said he had then gone to see White, senior. When he returned to the Police Station he told Payne that White had said the car had been converted.

“He told me he had gone to White’s home about 8.30 p.m. to find Graham. White. He said Graham White was not there and he spoke to Fred White. He said White told him to take the car and look for Graham,’’ Detective Reed said. Payne said he had taken the car. had gone to the party and had seen Graham White there. After the party he had been in an accident, said Detective Reed He had again gone to see the Whites and when he returned he arrested Payne for unlawfully converting White’s car. The Defence Mr Holland, opening the defence case, said Payne would say he took the car with White’s permission. This meant the jury would have to resolve two conflicting stories. “Some-one is not telling the truth. There is no half-way house,’’ he said. Giving evidence, Payne said he first met Graham White when he was attending Christ’s College. They were in the same house there. He also knew White, senior. He had been to Graham White’s 21st birthday party and at a cabaret party in the White’s home, he said. Payne said that he went out to the White’s home to see Graham White, but he was not there. White senior had offered him the use of his car to go and look for Graham. He said at the party Graham White had said his father’s car was missing. He had said he had the car. To Mr Roper. Payne said he was “still drunk” when he called at the White’s home on the Saturday evening. He said he did not know what the time was when he got to Graham White’s party. He remembered the police asking his name, but could only vaguely remember what he said. The hearing will continue to-' day. Payne was admitted to bail. VERDICT OF GUILTY Attempted Indecent Assault After a retirement of 70 minutes a jury in the Supreme Court yesterday returned a verdict of guilty against Alfred Collins Bateman, aged 59. a pensioner, who had pleaded not guilty to a charge of attempted indecent assault on a male. Mr Justice McCarthy remanded Bateman to this morning for sentence. Bateman was represented by Mr G. Lascelles, and Mr C. M. Roper appeared for the Crown. Admitted To Probation Allan Meurellc. aged 27, a soldier, who was represented by Mr N. G Hattaway appeared before Mr Justice McCarthy in the Supreme Court yesterday for sentence on two charges of committing an unnatural offence. He was admitted to probation for two years, snecial conditions being that he undergoes examination bv a psvehiatrist as directed by the Probation Officer and that hi? takes treatment if required and that he pays £5 5s towards the costs of the prosecution. Mr C. M Roper appeared for 'he Crown.