Magistrates Court Youth Denies Counselling And Procuring Charges

Press, Volume XCVIII, Issue 28958, 28 July 1959, Page 8

Magistrates Court Youth Denies Counselling And Procuring Charges

Details of how a party of youths hired a station waggon and went to Seddon, where two of them broke into the Awatere Swimming Club premises ano stole a cash box containing £4 4s ;and two stop watches, were heard I before Mr N. M. Izard in the Magistrate’s Court yesterday. Two youths who are now on probation for the offence were called as witnesses in a case in which Colin Malcolm Hardaker, aged 21 (Mr B. J. Drake), was charged with counselling and procuring them to commit the offence. He pleaded not guilty After evidence had been heard, the charge was amended to aiding and abetting, on which Hardaker elected summary trial and pleaded not guilty. He was remanded to July 30 to allow Mr Drake to decide whether the witnesses should be heard again. Charles Champbell Wells, aged 18. a workman, said that on June 29 he was convicted for breaking and entering the Awatere swimming baths, and placed on probation for two years.

He said that he, Hardaker, a youth named Beams and another youth, aged 16. spent the night in the station waggon outside a house owned by Hardaker's uncle. The house was about a quarter of a mile from the Awatere swimming baths. When they woke up about 6 a.m., he heard the youth say: “Let’s go and pull a job on the swimming baths.” Hardaker said that he was not going to have anything to do with it, said Wells. With Beams still asleep in the rear of the vehicle. Hardaker drove to the baths. After they had broken in and taken a small box, they were met by Hardaker who drove them to a gully. The youth broke open the box and they shared the contents, he said Wells said that at this point Beams awoke and he was given a share of the contents.

A 16-year-old youth, who said he had been convicted and placed on probation for two years for breaking into the swimming baths, said he could not remember who suggested committing the offence. Harold John Beams, aged 17, a workman, said that on July 3 he was convicted and released on probation for 18 months for receiving stolen property. He said he slept throughout the time the offence was committed He awoke when Wells and the youth returned to the car and was told that they had “just hopped into the baths and got some dough.” They broke open a box and gave him five or six shillings, he said. A 16-year-old girl, a ward ot the State, said she was in the station waggon when Hardakei drove Wells and the other youth to the swimming baths. Later when they picked up the youths., the party spent the night under the Seddon bridge. There was neither counselling nor procuring. The police had failed to make out a charge on the evidence they had produced said Mr Drake. It was never suggested until the appearance ot the girl witness that there were any other than four youths in the car. Her evidence was materially different from that of the four youths. There was no suggestion that Hardaker had suggested, asked, or advised the others to break in. said Mr Drake.

Senior Detective-Sergeant J. B. McLean said that the evidence had not been produced as clearly as it might have been. Hardaker knew that the other two were going to do the job and he had driven them there and back. There was evidence of breaking and entering and of distribution of money and that Hardaker had got at least 10s. he said. THEFT CHARGE A charge of theft of eight gallons of petrol valued at £1 13s 4d at Seddon, on March 30 against Hardaker was adjourned to July 30, after evidence had been heard from two witnesses from Seddon. Hardaker pleaded not guilty. Donald Gordon Brovin. in business as Awatere Transpor' Carriers, said that on March 31. one of his drivers had found his petrol tank empty. He had put 12 gallons of petrol in the tank the previous day and had only done 30 miles. He conservatively estimated that eight gallons of petrol had been taken from it.

Foster Hughes, a pensioner living alongside the Awatere Transport garage, said that he had hea>d a car about 3.30 am. on March 30 and had gone outside and had seen a station waggon. It was painted in two colours which could have been red and white. HAD PREPARED OPIUM

“This morning I convicted and discharged you but I now find i that there is a minimum penalty which must be imposed,” said the Magistrate yesterday afternoon, when fining Tang Tong Lowe, aged 59. a workman, £25, on a charge of being found in pos*“ss;on o f prepared opium op July 6. He pleaded guilty through an interpreter. | About 11.45 p.m., on July 6,

the accused was searched at the Centra] Police Station and he was found in possession of prepared opium, said Sergeant T. A. Marson. He had been taken into custody on a warrant for failure to pay a tine of £5O on a similar charge. The accused’s locker at the bus depot where he was employed was searched and further prepared opium was found. He said he had been smoking opium since he was 15 and could not do without it. He was married with a wife and five children in Hong Kong. He had previous convictions for the same offence. Speaking from the dock through the interpreter, Lowe said he had to have opium so he would work to send money to his wife and children. If persons in New Zealand were incapacitated they received help from Social Security but there was no such fund for his family in Hong Kong. He had no money. In reply to a question by the Magistrate, Sergeant Marson said that there was no suggestion that the accused had the opium for profit or to pass on to any other persons. He understood that at one time small quantities of opium had been prescribed by a medical officer for the accused, as an addict, but it was later found that there was no statutory authority for this and the supply was stopped. The accused confined the smoking of opium to himself and did not indulge in it with other persons. FALSE PRETENCES

An 18-year-old youth, who left his parents’ home each morning on the pretence of going to work, spent most of the days at the pictures and at coffee lounges, said Sergeant Marson. The youth, whose name was suppressed, pleaded guilty to nine charges of false pretences involving £5 each, three of theft from a dwelling-house valued at £l5, 6s. and Is 6d. afid one of forgery to the value of £2O at Lyttelton. He was represented by Mr J. G. Leggat. A man living in Durham street reported to the police the theft of a record player, valued at £l5 on May 6, Sergeant Marson said Another man living at the same address reported the theft of a Post Office savings bank book and a driver's licence.

On June 19 the accused forged a demand withdrawal slip for £2O at the Lyttelton Post Office, using the stolen pass book, said Sergeant Marson. The Post Office official asked him to prove his identity and he produced the stolen driver’s licence. This was noted on the back' of the withdrawal slip. The man. from whom the pass book and licence were stolen, later reported that his cheque book had been taken. The accused went into a number of shops, bought a packet of cigarettes or a film and produced a valueless £5 cheque in payment, said Sergeant Marson. On July 3 the accused attempted to cash a cheque for £5 at a bank agency in Colombo street, but when the teller went to telephone the main office to see if there were funds in the apcount. he disappeared. The accused said he had spent practically all the money he had obtained on balr tickets, theatres, records, a racing car and motorcycle. Sergeant Marson said. He had a half share in an old racing car. The accused had spent four years at a secondary school and had not been in steady employment. having worked for .about only a week as a garage attendant. He had no previous convictions.

Mr Leggat, when asking for suppression of the accused's name, said that there appeared to be a medical background to the offences because of the accused's pecular immaturity. His bail was renewed. SECRETARY'S THEFT Details of how the secretary of the Otago Annual Regatta Committee. John Gordons Cook, a workman, aged 38. had stolen £244 14s 9d from the committee in February this year, were related by Sergeant Marson. when Cook pleaded guity to stealing the money at Port Chalmers between February 7 and February 12. He was remanded to July 31 for a probation officer's report and sentence. Each year there was a regatta at Port Chalmers run by the committee, said Sergeant Marson Cook, as the secretary of the committee, was empowered to sign cheques but it was necessary for them to be counter-signed by the president. To facilitate the paying out of prize money, the president had signed a number of cheques in excess of the number required for prizes as it was not known how many would be required. With one of these cheques. Cook had drawn out £lOO. telling bank officials that the committee was going to pay prizes in cash. Instead he had paid by cheque. In March the president had received a letter from Melbourne. It was from Cook and it said

that he was sorry for his actions and woud be returning in three months to clear things up. An audit had shown that there was £244 14s 9d missing, said Sergeant Marson. THEFT OF £1

Peter Douglas Hamilton, aged 23. a steward, was convicted and fined £lO for the theft of a £1 note at Lyttelton on July 25. He pleaded guilty. Sergeant Marson said that on Saturday night a man had gone into a cafe in Lyttelton and afterordering a meal, had put £1 down on the counter and then turned to talk to a friend. When he turned back the £1 was gone. Later inquiries showed Hamilton to have taken it. WILFUL DAMAGE

Patrick Thomas Gill, aged 32. a cabinet maker, was fined £5 when he pleaded guilty to a charge of causing wilful damage valued at £1 17s 6d to windows on July 25. Sergeant Marson said the defendant had been keeping company with the woman complainant until Christmas, when they had parted because of his drinking and conduct when drunk. When the defendant was seen by the police he admitted smashing the window and taking two photographs. Though he had broken and entered there was no criminal intent. The defendant had said he was willing to pay for the damage. "You had better keep away from this place in future and keep off the drink." said the Magistrate. The defendant was ordered to make restitution of £1 17s 6d.

INSULTING LANGUAGE A man, who had used insulting language and banged the back of a Christchurch Transport Board bus in Colombo street with his fist at 6.25 p.m. on Saturday, had met some friends from the West Coast and had been celebrating a certain event, no doubt like many others, too well, said his counsel. Mr R. E. Wylie.

The man. whose name was suppressed. was fined £2 for using insulting language and £ I for being drunk on July 25. He pleaded guilty to both charges. CHARGE DISMISSED “I'm not satisfied on the evidence that the defendant was guilty of the offence charged.’’ said the Magistrate dismissing a charge of driving while under the influence of drink or drugs in Papanui road on July 1, against Percy Ernest Scott, aged 64 (Mr B J. Drake). Scott pleaded not guilty. REMANDED Brian Leslie Bishop, aged 18 (Mr D. A. Oldham), was remanded to August 6 on charges of being idle and disorderly on June 23 and wilful damage at Lewis Pass of June 19. Bail was renewed. Neil Leckie. aged 41 (Mr H. S Thomas*, was remanded to August 3 on a charge of being under the influence of drink while in charge of a motor vehicle on July 16 Bail was renewed.

Graham Roy Ritchie, charged with theft to the valup of £1 4s at Christchurch on July 5. was remanded to August 3. Bail was renewed. Michael O’Connell, aged 32 (Mr G. R. Lascelles), was remanded to August 3. He was charged with counting-house breaking and entering and theft. A ’Charge of wilful damage to the value of £l6O at Lewis Pass on June 19. against Robin Bernard Thomas, was adjourned to August 6

Jim Phillip Kahua. aged 22. was charged with harbouring an escapee from a child welfare institution between July 6 and July 9. He was remanded to July 30. (Before Mr E. A. Lee, S.M.) NON-SUITED Claims totalling £533 3s 2d were made against M. M. Rathie James and Company Ltd. (Mr B. McClelland) by two land salesmen. Both plaintiffs were nonsuited and refused costs. The plaintiffs. Colin Macintosh Robertson (Mr P. T. Mahon), who claimed £l4B 14s 4d. and Ronald Manning Southerland (Mr H. W. Thompson), who claimed £384 8s lOd. said they were formerly employed by the company as land salesmen. An arrangement was made that on March 31. 1958, they would each take over one third of the company's shares, said Mr Mahon. But about that time, they left the company's service. When the arrangement terminated it was only a matter of settling accounts before each went his separate way, and the claim was being made on the basis of a report prepared by the company's accountant after a meeting on June 10, 1958. The plaintiffs held that the report was a final agreement subject to contingencies. he said. Mr McClelland submitted that because both plaintiffs admitted there were contingencies in the report, it could not be final. Liquor Rad by Police.— The Ex-Royal Naval Men’s Association, lat 41 River road, was raided by :the police on Friday evening and 'a quantity of liquor was seized land names were taken. About I eight police, led by a sergeant, entered the premises shortly after .10 p.m.