Magistrates Court Zien On Charges Of Burglary, Theft And Assault

Press, Volume CI, Issue 29998, 6 December 1962, Page 8

Magistrates Court Zien On Charges Of Burglary, Theft And Assault

Three workmen, John Simon Edwards, aged 24. William Towson Lorain Lowther, aged 44, and Lyall Robert Lewis, aged 30, appeared before Mr E. A. Lee, S.M.. in the Magistrate's Court yesterday on charges of burglary, theft, and assault. Mr W. A. Wilson appeared for Edwards, Mr M. G. L. Loughnan for Lowther, and Mr A. Heam for Lewis. Sen-ior-Sergeant G. M. Cleary prosecuted. The three men were jointly charged with burglary at Waipara on October 25. Lewis and Lowther pleaded guilty. Edwards pleaded not guilty, and elected trial by jury. Depositions were then taken in the case against Edwards. A shearer, William Ngawha Dix, said that a car radio and a spotlight, valued about £24, were removed from his car while it was at the garage of G. W. Pearson and Son, Ltd, at Wai para. Police witnesses said in evidence that they found Lowther and Edwards in North Canterbury on the morning after the alleged burglary. The men said that on the previous evening they attended a party at the Ministry of Works camp at Waipara, but investigations disclosed that there had been no party at the camp on that evening. The Magistrate ruled that there was a prima face case for Edwards to answer, and he was committed to the Supreme Court for trial. Lewis and Lowther were remanded to tomorrow on this charge. Lowther and Edwards were jointly charged with burglary at the Aranui Garage, Ltd, on October 24. Lowther pleaded not guilty and Edwards elected trial by jury. Depositions in the charge against Edwards were taken concurrently with the evidence against Lowther. Alan George Sutherland, a car salesman, and Graeme Geoffrey Atkinson, a company director, gave evidence that they lost a suit and a jersey respectively when the Aranui garage was entered on the night of October 24. Detective Sergeant T. Thompson said that when he interviewed Lowther the accused said to him: 'TH plead guilty to this job and the others I have done as long as I don’t go to the Supreme Court.” Later, Lowther said to the witness and Detective Sergeant J. W, Wooders: “I was there when the joint was done, and I have the suit” Detective Sergeant Wooders said that he took a jersey from Edwards’s home. This jersey was later identified as the property of Atkinson. The Magistrate adjourned the hearing of the charge against Edwards to this morning, and that against Lowther until tomorrow. Edwards elected trial by jury on a charge of theft of a radio valued at £25 from Arthur Burke, Ltd., Amberley. He pleaded not guilty.

Detective Constable B. I Kimber said that he interviewed Edwards about other offences, and subsequently arrested him. While searching Edwards’s room, he found a radio wrapped in baby clothes. An accountant employed by Arthur Burke, Ltd, Neville Noel Coulbeck, identified the radio as one which had been removed from the firm’s premises without permission. Edwards was committed to the Supreme Court for trial. Lewis and Lowther' were remanded to tomorrow on a charge of assaulting Colin Alan Richan on October 20. They pleaded not guilty. Edwards was remanded until tomorrow on a charge of the theft of shearing implements valued at 32s 6d on October 20. He pleaded not guilty. On a charge of burglary at the premises of G. W. Pearson and Son, Ltd, on October 25, Duncan Eric Bachin, aged 18, a workman, was remanded until tomorrow. RESERVED DECISION John Guliehnus Jackson, aged 49, a caterer (Mr B. J. Drake) was convicted on two of four chargee after an accident on July 4. The other two charges were dismissed. On July 4, Jackson’s van struck a bicycle ridden by William John Le Warne, a schoolboy, in Linwood avenue. The case was heard on Thursday, Friday, and Monday. In a reserved decision, the Magistrate coovnoted Jackson of failing to stop after an accident, and failing to ascertain whether anyone was injured. He was discharged on changes of negligent driving causing injury, and of failing to render assistance. The Magistrate said it had been cleanly established that the boy’s cycle had a white rear mudguard, and that the front and rear lights were functioning. Jackson was negligent in failing to see the boy, but there was no evidence that this negligence had caused the injury, he said. The boy might have swerved into Jackson’s path. For the other charges to succeed, it must be shown that Jackson was aware that there had been an accident, the Magistrate said. "In the witness-box the defendant did not impress me,” said the Magistrate. It was significant, he said, that Jackson knew exactly where this accident had happened. Jackson was remanded on bail to December 10 for sentence. CAR CONVERSION

Convicted of unlawfully taking a motor-car, valued at £3BO, from Innes road early on the morning of November 28. Brian Edward Cleary, aged 20, a workman (Mr G. R. Lascelles) was remanded to December 10 for sentence. Cleary pleaded guilty. The car was later found in Paipanul road, and when

Cleary was interviewed he admitted the offence, eaid Detective Sergeant A. W. R BaJL Cleary started tbe'ear by crossing the ignition wiree. He was at present unemployed. and was already on probetoon for a previous offence. NO INCOME RETURNS For failing to furnish returns of income Robert Writer Bromby was fined £2 and I, D. White. Ltd., was fined £4. Neither defendant appeared. NO RADIO LICENCE For having no radio licence on or about October 19. Charles Barnett was fined £3. He did not appear. TAX CASES Canice John James McGHhgan was fined £4 for failing to deliver a tax reconciliation statement, and Spreydon Milk Sigiply. Ltd., was fined £2 on a similar charge. REMANDED Arthur Ronald George Walker, aged 25, and Robert Owen Benjamin Haskett, aged 29, charged with burglary on November 29, were remanded on bad to December 14. Allen Frederick Leydon, aged 35, was remanded on bail to December 14 on a charge of stealing tractor limits and a wheel assembly to the value of £l4 on or about July 18 ait Rollestoc. Stephen Malcolm Walker, aged 17 (Mr B. J. Drake), was remanded on bail to December 14 on a charge of theft of a crate of tools and carbon paper, the property of the United States Government, ait Christchurch on October 19. (Before Mr A P. Blair, SIX) TWO MONTHS’ GAOL This was the accused's fifth appearance for drankenoess in the last six months, and he could not give her another chance, said the Magistrate, when he sentenced Doreen Frances Paviell, aged 39, a housewife (Mr M. G. L. Loughman), to two months’ imprisonment. Paviell was appearing for sentence on a charge of being found drunk in a public place on August 27. The Magistrate said that her case had been remanded to September 3 and he had then adjourned the proceedings for three months to give Paviell an opportunity to remedy her failing under medical treatment. She had not used the chance given her and had had a further conviction for drunkenness on November 7. Paviell tailed to appear on a summons on Monday, and was subsequently arrested. Mr Loughoan said that Paviell had been working and had not realised dhe was obliged to appear. Except for one lapse, her behaviour had improved tanot she was last before the Court. She now had an invalid father to care for. The Magistrate said he did not think the accused was fit to look after an invalid. “I cannot possibly give her further chances. She must take positive steps henself to cure the rot that has set in,” he said.