Magistrate's Court FORGERY AFTER CONDITIONAL RELEASE FROM GAOL

Press, Volume CII, Issue 30234, 12 September 1963, Page 9

Magistrate's Court FORGERY AFTER CONDITIONAL RELEASE FROM GAOL

After receiving a cheque for £7 8s 6d, Patrick William Mollis Comber, aged 38, a workman, altered it to £7O 8s 6d, Sergeant B. D. Read saiu in the Magistrate’s Court yesterday, when Comber pleaded guilty before Mr A. P Blair, S.M.. to a charge of forgery, a charge of uttering a forged document, three charges of obtaining credit by fraud, and four charges of false pretences. The Magistrate said that as Comber was serving a term of preventive detention as well as a two-year prison sentence imposed in the Supreme Court, he would be convicted and discharged on the nine charges. An order was made for the return of any property. Sergeant Read said that Comber cashed his forged cheque at a Wellington wine and spirits store, opened a bank account at Roxburgh, and used the cheque book to commit false pretences. He obtained credit by fraud at South Island hoteis. the total involved being £196 12s. For the accused, Mr M. F. Hobbs said that Comber was on a' probationary licence from a term of preventive detention when these and earlier offences were committed. After a magistrate declined jurisdiction Comber was sentenced to two years’ imprisonment, which also meant a recall to preventive detention.

Comber was in bad health, haying had nine operations. Mr Hobbs said. Because he had no stomach there was some concern for his life, and he needed a special diet. Recommendations about Comber’s physical care could be made to the prison authorities, the Magistrate said. < Before Mr E. A. Lee, S.M.) DROVE UNDER INFLUENCE Pleading guilty ’to driving in Colombo street at 2.40 a.m. on September 11 while under the influence of drink or drugs, Alexander Edward Hedges, aged 21, a driver, was convicted and fined £4O. and his driver’s licence was cancelled for three years. Sergeant Read said that a car driven by the accused was seen swerving from the left to the middle of Colombo street. When stopped, the accused had difficulty in getting out of the car. Hedges admitted he was intoxicated and was later certified by a doctor as unfit to drive. DETENTION

lan Ronald Julius, aged 18, an apprentice shoe-finisher, was sent to a detention centre when he appeared for sentence on a charge of receiving cigarettes valued at £2 7s 6d on August 12 when he knew they had been stolen. Mr M. G. L. Loughnan appeared for the accused.

Julius was medically suitable and accommodation was available for him at a detention centre, the Magistrate said when passing sentence. REMANDED

Noel Andrew Hooper, aged 23. was remanded on bail until September 13 on a charge of false pretences at Christchurch on July 19. COMPANY FINED

Empire Rubber Mills. Ltd., was fined £5 on a charge oi occupying as a factory a rubber-processing workroom in Port Hills road on June 28 when the building was not registered as a factory. A plea of not guilty was entered byMr R. L Kerr, who appeared for the defendant company. The company was ordered to pay costs on charges of failing to provide a safe means of access, comfortable atmospheric conditions for employees, sanitary conveniences. first-aid facilities, washing facilities j adequate ventilation, sufficient lighting. and clothing accommodation. The company pleaded guilty to these charges. Costs on these charges and the first charge totalled £l3 10s. Mr A. B. Tuck prosecuted for the Inspector of Factories. Mr Kerr said that the company admitted that the building ' was not registered as a factory, but he submitted that the building was "adjacent” to the company's registered factory in Cumnor terrace, so that it did not require a separate registration. Evidence was given that the Cumnor terrace and Port Hills road premises were 75 chains apart in a direc. line and a mile and a fifth by road. The Magistrate held that the distance was too great for the premises to be defined, as adjacent.

The penalty for nonregistration under the act was £5 a day. Mr Tuck said. This was regarded as the most serious charge, because if the department had known about the premises it could have had the other defects remedied. The company had no previous convictions It appeared there had been some breakdown in the administration when the building was first used as a factory, said Mr Kerr. If it had been registered the other prosecutions would not have been brought. Within a fortn ght oi the inspector’s seeing the premises they were closed and the process was transferred to temporary premises which were approved. New premises had been started and they had been designed after consultation with the Christchurch City Council, the Health Department. and the Labour Department.

BANKRUPT FINED Because the car in which he was returning from Otira on Sunday. June 23, broke down. Allan Andrew Malcolm Mclntosh w-as unable to be in Christchurch the following day to attend a meeting at his creditors, said McIntosh’s counsel (Mr R. G. Sinclair). On a charge that, being a bankrupt, he failed to attend his creditors’ meeting on June 24. Mclntosh was convicted and fined £7. On a further charge that he failed to deliver a statement of his assets, debts, and liabilities to his creditors on June 24, McIntosh was convicted and fined £3. He pleaded guilty to both charges Mr I. C. J. Polson appeared for the informant, the Official Assignee. He said that Mclntosh filed a petition of bankruptcy in the Supreme Court on June 10. He was instructed then that he would be required to furnish a statement of his assets, debts, and lia-‘ bill ties, A meeting of the defendant’s creditors was held at 2.15 p.m. on June 24. It was adjourned after 15 minutes when Mclntosh did not appear. The meeting had been advertised on June 11. and on June 17 a telegram had been sent to the defendant reminding him of his obligations.

Mr Sinclair said’ that the defendant had had’ domestic troubles and had changed his address. He had not received the telegram. He now intertded to straighten ’ out his affairs. CHARGE ADJOURNED

Saying that the matter was out of the defendants hands to a certain extent, the Magistrate adjourned until October 9 a charge against Gordon Webb Hazeldine, of committing a breach of the Town and Country Planning Act.

Hazeldine (Mr D. H. Godfrey) pleaded not guilty to the charge, which was brought by the Christchurch City Council (Mr J. G. Leggat >.

The Magistrate found thait the charge was proved, but he did not enter a conviction.

Evidence was given by the council’s town-planning officer, C. B. Millar, that the defendant owned a vacant section in Ruskin street, Sydenham. The land was zoned residential B. However, the property had been used as a contractor’s yard for storage and this was contrary to a residential zoning, he said. •In evidence Hazeldine said he had never used the property for storage or for any other purposes. For about the last three years he had permitted another man to use the section, and over the last 12 months this man had paid the rates on the property. There had been no reat paid. Mr Godfrey submitted that the defendant had never used the property and that at all relevant times it had been occupied by another person. Mr Leggat submitted legal argument as to the defendant’s liability, which was upheld by the Court. The Magistrate adjourned the charge before imposing penalty so as to ascertain what efforts were made to clear the section.

NO INCOME RETURNS For falling to furnish a return of income on August 7 Winston Mearil Yeatman was convicted and fined £2. He pleaded not guilty, and was represented by Mr R. G Blunt

For fating to furnish a return of income for 1961 Peter William Williams was convicted and fined £3. On a similar charge relating to 1962 he was also fined £3. Williams pleaded guilty to both charges through Mr R. G. Blunt.

DOG NOT REGISTERED For failing to register his dog on March 14, Thomas Howard was convicted and fined £3. He did not appear.

(Before Messrs R. H. Harris and A. C. Rhodes, Justices of the Peace) SENT FOR TRIAL

By driving too fast along Moorhouse avenue at 9.30 p.m. on May 3, Thomas Albert Foote, aged 29, caused a collision with a car coming from his left in Falsgrave street resulting in the death of Eva Blumberger, aged 22. Senior-Sergeant G. M. Cleary alleged. Foote (Mr L. H. Moore) who pleaded not guilty to a charge of driving at a dangerous speed, was committed to the Supreme Court for trial. He was allowed bail.

Mervyn John Gallagher, a mechanic, said he was driving north along FaJsgrave street about 9.26 pun. At Fitzgerald avenue he looked both ways. “When I looked right for the second tune I saw the lights of the other car,” he said. "It appeared to be right on top of me. I zent to put on the bruke, but it was too late The car came out oi the blue.” Larry Kevin Small, a driver, said he stopped at the intersection of Fitzgerald avenue and Moorhouse avenue. He saw Foote’s car travel about 50 yards about 40 to 50 miles an hour. “It seemed to come through the intersection at the same speed,” he said. In the collision the back of Foote’s car rose up, and the door on the passenger side opened. He saw a person fall forwar i.

‘Both cars swung around and it was then I saw this woman’s body hanging half in and half out oi the car.” Robert Nelson Gardiner said he was one oi several who lifted one of the cars and pulled the woman from under a wheel. In a statement produced by the police, Foote said he was travelling between 25 and 30 miles an hour when the car on his left failed to give way, causing the collision.

ACCUSED DISCHARGED After attempts had been made for more than an hour by two police officers to obtain evidence from an eight-year-old girl the Justices discharged a man, whose name was suppressed, on a charge of inducing the girl to commit an indecent act on him on August 8. Sergeant Townshend and Detective-Sergeant J. W. Woodens appeared for the police, and the accused was represented by Mr J. G. Leggat. After the girl had refused

numerous times to tell the Court of the alleged incident which was the basis of the charge, Mr Harris said the girl was under a nervous strain and it was unfortunate that the matter had arisen.

“I would be the last person to put this child through such an ordeal, but this case is very important to many people throughout Christchurch,” Sergeant Townshend said. He was allowed to attempt once more to secure evidence from the girl. When she again refused to answer questions Mir Leggat asked that the accused be discharged.