FOR TRIAL AFTER RESTAURANT FIRE

Press, Volume C, Issue 29499, 28 April 1961, Page 19

FOR TRIAL AFTER RESTAURANT FIRE

Gavin Edgar William Kins- i man, aged 32 a cook, was yesterday committed for trial at the next sitting of the Supreme Court in Christchurch on three charges arising out of the destruction of the Purple Cow Res- ; taurant by fire early on February 23. Kinsman, who was represented by Mr S. H. Wood, pleaded not guilty to all , charges in the Magistrate’s Court and elected trial by jury. Senior-Sergeant G. M. Cleary prosecuted, and Messrs R. H. Harris and N. J. G. Speary, Justices of the Peace, were on the Bench. Kinsman was charged with wilfully setting fire to premises at 275-277 Stanmore road and thereby committing arson; with attempting to obtain* £966 14s from the National Mutual Fire Insurance Company by falsely representing that when the shop was destroyed by fire the property and contents belonged to him and were destroyed; and with making a false declaration in a claim against the insurance company that no other person had a legal or equitable interest in the property, that no other insurance policy covered the property, and that there was a total loss of contents. The hearing lasted two days. Thirty-one witnesses were called by the police, and 52 exhibits were entered. ‘‘Short of Money” Angus Hugh McMasters, a building consultant and arbitrator. said a list of items destroyed in the fire was given to him by Kinsman, whom he knew as Edgar William Cook. At least three times Kinsman asked how long it would be before the insurance company paid out, as he said he was very short of money. Kinsman raised the question of obtaining another shop, and asked how long the insurance company would pay his loss of profits if he < was not able to obtain one for several months, said McMasters. Kinsman told him that he was without insurance until about 13 days before the fire. The accused made no reference as to why the insurance policies and the laundry ticket had not been destroyed by the fire. McMasters said he waited around the burnt-out building until Kinsman left, and made a thorough search of the building and debris. “I am satisfied that a large number of items of stock and plant which were claimed for were not in the fire,” said McMasters. ‘‘There was no trace of an electric clock, 100 records, a new suit in a cupboard which allegedly had £5O in the pockets, and a number of other items of clothing all of which were supposed to have been destroyed by the fire.” Tinfoil was liquified by the heat of the fire and ran all over a shelf on which cigarettes and tobacco were supposed to have been stored, and this indicated that there was nothing on the shelf. McMasters said. Kinsman told him that an extensive list of laundry which he

claimed for was mainly contained in a parcel just returned from the laundry. Stock List After completing the stock list, McMasters said, he asked Kinsman whether any of the articles had been on timepayment or whether anyone else had a financial interest in them. Kinsman said the radiogram was the only item on hire - purchase. The owners had it insured for risk only at his home address and not at the shop.

A natural fire would have , taken at least 24 minutes to ' reach the degree of destruc- ' tion in this shop, McMasters . said. He could find no sign I ot the new linoleum which ' was supposed to have been , laid. The fire burnt upward J and he believed that some- j thing had been poured over ‘ the linoleum to assist in its ‘ destruction. A natural fire in . this . type of building would j not have burnt with a bright ( flame. , A number of witnesses ( gave evidence as to goods t obtained from their firms by . Kinsman which were sub- , ject to hire-purchase agree- t ments. Detective-Sergeant F. G. , Pine said that Kinsman made ] a statement in which he said he left the premises about - 1.20 a m. on February 23. The i building was securely locked s and contained no inflam- 1 mable material except the fat in the vats. When he arrived ] at.the shop about 8 a.m. he i found that it had been < destroyed. ; White Spirits Tin . ; A four-gallon tin in the 1 backyard had contained , white spirits, which Kinsman , said he had used to clean ‘ his trousers. He had no idea ; how the fire was caused. The . previous night he had seen a j car hanging about in the vicinity and he had taken its . number, the statement said. ! On February 28. Detective- j Sergeant Pine said, he exe- , cuted a search warrant at Kinsman’s premises at 488 , Gloucester street.- He found a potato peeler and chipper. < gramophone records and a ( gladstone bag containing ; papers which were mostly 1 accounts and which included i a number of judgment summonses. He also found pac- ■ kets of cigarettes, tobacco, i and tissue papers which : Kinsman said belonged to the man with whom he was shar- ’ ing the flat. “I told the accused in his lounge that from the inquiries that had been made there did not appear to be the stock in the shop which he had stated. that it appeared the building had been deliberately set fire to and that there was evidence that he had been responsible I told him that he was going to be charged with arson, and he made no renly.” Detective-Sergean' Pine said. Detective E. T. Mitten said he obtained a search warrant fmm Mr E. A. Lee. S.M. and he found numerous articles at 488 Gloucester street which were supnosed to have been destroyed in the Are. Accounts and judgment summonses in a bag amounted to £1577 Is sd. After Kinsman had been arrested he went with him to his parents’ place, where he obtained a spray gun which was used in the shop Detective Mitten said. While there Kinsman said: “You dirty ■ b will suffer for this.” Kinsman to’d him that with the exception ’of the oota*o chinner. none of the articles Wmd at his place was connected ”- ; *h the fire sa f d Detective Mitten. Kinsman’s bail of £2BO

wi'h two sureties of £250 °ach. was renewed, and he was ordered to report daily to the police.