TEACHER ACQUITTED ON THEFT CHARGE

Press, Volume CI, Issue 29747, 14 February 1962, Page 10

TEACHER ACQUITTED ON THEFT CHARGE

(New Zealand Press Association)

AUCKLAND, Feb. 13.

A jury in the Supreme Court acquitted a teacher at the Symonds street School for Intellectually Handicapped Children on a charge of stealing an alleged £2OO donation to the school by failing to account for it. The accused was discharged by Mr Justice Hardie Boys. The jury retired for quarter of an hour after an all-day sitting. The accused, Arthur Anthony Clayton, aged 52, was represented by Mr D. B. Pain. Mr G. D. Speight conduced the case for the Crown. The charge alleged that having received £2OO from Geoffrey Collett Entrican on terms requiring him to pay it to the Intellectually Handicapped Children’s Parents’ Association, Clayton fraudulently omitted to pay it and thereby committed theft. The offence was alleged to have been committed on or about August 25 last year. Entrican, a civil engineer, said that in August last year he decided to give £2OO to the association. He drew four £5O notes from his bank and went to the society's premises in Symonds street and gave the money to the accused. Clayton told him he did not have any receipt forms, and Entrican then decided not to press matters further, he said. A few weeks later, said witness, he telephoned the secretary of the association and asked if the donation had been received. He later saw the secretary. Witness was referred to depositions he made in the Magistrate’s Court and agreed that he said then he kept

about £lOO for himself when he closed his £llOO account.

Mr Pain: If the account you closed was for £1094, and you banked £894 into another account, and you kept approximately £lOO for yourself, would this leave you £2OO to make a donation?—No.

Witness said he was positive he did go to the association rooms on August 25, and that he did give the money on that day.

Mr Pain: Even if it is proved that the school was closed (on that day) do you still say you made that donation?—According to my records, yes. Detective-Sergeant William Alfred Brien said Entrican showed him a butt in a cheque book—the date on it was 28/8/61, Entrican told him that that was the date he made the donation. Clayton, in evidence, said he had no recollection at all of Entrican giving him any money. He remembered seeing Entrican at the school and chatting with him but that was all. Accused said the school was closed for holidays between Friday, August 18, and Monday, August 28. He produced the school attendance register as an exhibit. The school was not open on August 25, and he was not there at all during the holiday period, he said. Permission Refused Permission to close roads near the Wigram aerodrome for two hours during a pageant on a Saturday in March was refused the Canterbury Gliding Club by the Paparua County Council.