Supreme Court Crown Witness Recalled To Rebut Allegations

Press, Volume XCVIII, Issue 28820, 14 February 1959, Page 11

Supreme Court Crown Witness Recalled To Rebut Allegations

A Crown witpess recalled to rebut allegations by one of the accused denied in the Supreme Court yesterday that he was implicated in attempts to sell a quantity of stolen whisky.

Leave to recall the witness, Terrance Francis Mora, was sought by the Crown Prosecutor (Mr C. M. Roper) after Ronald John Jorgensen had given evidence that Mora had asked him to take the whisky to Nelson, and that accused and Lionel Frederick Timmings had collected the liquor from Mora’s premises. Jorgensen and Timmings were charged with stealing or receiving 104 bottles of Scotch whisky valued at £5O.

Appearing with Mr Roper for the Crown was Mr P. F. Feenstra. Mr R. S. D. Twyneham represented Jorgensen and Mr G. S. Brockett appeared for Timmings. The granting of the Crown’s application rested on the discretion of the Judge and it was a discretion which should be very cautiously exercised, said Mr Justice Adams. It was very seldom that rebutting evidence was allowed.

The case was one of a special nature and it was right and proper to accede to the application made by the Crown. It was hoped, however, that this would not encourage other such applications.

He had been impressed by the evidence of Jorgensen, which had suggested the possibility of criminal conduct on the part of Mora in regard to the goods which were the subject of the case, said his Honour. The evidence had been completed when the trial was adjourned to Monday. Bruno Juno Dalliessi, joint owner of the Terminus Hotel, Picton, said that on Saturday, October 11, a man he believed was Jorgensen telephoned him and asked if he wanted to buy some whisky. The man assured him the whisky had not been stolen and said he had got it from a person off a ship. The man wanted £2 a bottle for the whisky, but the witness considered this was too much. He was told the caller would be coming to Picton the next day. On the Sunday the same man telephoned again and said he had trouble with his car and would not arrive until later. The two accused arrived at the hotel about 8.30 p.m., said Dalliessi. At first Jorgensen said he wanted £2 a bottle for the whisky, but after some discussion, he agreed to sell it for 37s 6d a bottle. Detective Constable P. R. Callanan read a statement made by Timmings on December 16 in which accused said Jorgensen had asked him to take him to Nelson to deliver some stuff. On the Sunday morning he had gone to Moule street where he and Jorgensen had loaded some cases of whisky into the car. He did not know the whisky had been stolen. When they reached the Clarence river bridge Jorgensen broke up the cases, saying it would make more room.

At the hotel in Picton he had helped Dalliessi and Jorgensen unload the bottles into crates, but he had seen no money passed over, the statement said. On the way from Picton Jorgensen showed him some money and said: “How’s that for a roll.” The finding at Jorgensen’s home of a whisky case bearing the same brand as the stolen whisky was described by Detective Constable A. L. Leslie.

On Mr Roper’s application the receiving charge against Timmings was amended by changing the date to October 12 and the place to Christchurch. Jorgensen, in evidence, said he definitely did not steal the whisky from the ship. He claimed that a Crown witness, Terry Mora, and a Canadian of the same surname had asked him to take some whisky to Nelson. They told him it would be worth £2O and expenses to him. He agreed to do this provided Timmings would drive him. Terry Mora told him to try to sell the whisky on the way to Nelson, and failing that to take it to Dalliessi.

On the Sunday after he had gone with Timmings to Terry Mora’s premises. From a shed on the adjoining section Mora had passed out bottles of whisky which were loaded into the car boot. He had telephoned DaHiessi from Kaikoura to say they would be late, but he denied having made a call to Dalliessi on the Saturday. Jorgensen admitted selling the whisky to Dalliessi. The whisky case found at his home was given to him by Mora with some seed potatoes, he said. Cross-examined by Mr Roper accused said Mora told him the whisky was brought from Sydney by a seaman. After breaking open the cases, however, he saw they were marked "Christchurch.”

. In reply to Mr Twyneham, Jorgensen said he had kept only £25 of the money he received from Dalliessi; he had given the rest to the Moras. Mr Brockett submitted that there was no evidence that Timmings had been concerned with the theft of the whisky. It was accepted that the whisky had been in his car, but he did not know it was stolen. When Jorgensen asked him to drive him to Nelson Timmings decided to take the opportunity of caUing on a man to whom he had applied for a job. Timmings in evidence said that when Jorgensen asked him to take him to Nelson he said he had some whisky to take there “for somebody.” After calling at Moule street they had gone to Terry Mora’s place where the whisky was loaded into the car. He did not know where it came from. After the whisky had been sold Jorgensen paid him nothing, although he bought him a new tyre.

Recalled to give evidence Terrance Francis Mora said he knew a Canadian named Gordon but did not know his surname. His father’s name was Gordon Mora. He denied that he had ever, in the company of the man named Gordon, asked Jorgensen to take some whisky to Nelson, or that he had offered the accused money to do so. He had no discussions with Jorgensen about whisky before October 12. It was definitely incorrect that Jorgensen and Timmings had loaded whisky into a car at his premises on October 12.

Asked if it was true that after selling the whisky Jorgensen had given him the money and kept £25 for himself witness replied: “Jorgensen, if I may say so is a liar.”

GAOL SENTENCES REDUCED

False Pretences Charges

Prison sentences totalling two years and three 'onths, imposed on Allan Charles Swinburne, aged 31, in the Dunedin Magistrate’s' Court were reduced to a total of 18 months by Mr Justice Adams in the Supreme Court yesterday. Swinburne, who was convicted on five charges of false pretences and one of forgery, appealed against three cumulative terms of six months’ imprisonment. His Honour ordered that the three sentences be reduced to three months each. Additional cumulative sentences of six months and three months were not appealed against. Mr G. S. Brockett appeared for Swinburne, and Mr C. M. Roper for the Crown.

His Honour said it was the case of a young man born and bred to riches who had never been properly trained for any remunerative work. He had not been able to settle down to earning his living until he obtained the post with tbe University of Otago. Unfortunately he had acquired this position by forging his testimonials using a fictitious name. When detected he had attempted to obtain goods by false pretences and to escape from the country. The sentence of two years three months imposed by the Magistrate however, erred on the side of severity. Decree Nisi Granted.—ln an undefended petition for divorce on the ground of separation, Cornelius Rochus Balvers (Mr D. I. N. Mac Lean) was granted a decree nisi in the Supreme Court yesterday against Geesje Balvers.

TWO MEN SENT TO PRISON

Rogue And Vagabond Charges

Found guilty by a jury last week on charges of being rogues and vagabonds, John Albert Arthur, aged 39, and Charles Wallace Crone, aged 33, were imprisoned for terms of one year and nine months respectively by Mr Justice Adams in the Supreme Court yesterday.

Arthur (Mr H. S. Thomas) and Crone (Mr S. H. Wood) were found guilty of frequenting Victoria street with felonious intent.

“I cannot treat the offence as anything x but serious,” his Honour said. In this case the maximum sentence of one year’s imprisonment would be appropriate for Arthur. Crone had not such an appalling list but his sentmee would have to bo one of imprisonment