Speedway Champion On False Pretences Charge

Press, Volume CIII, Issue 30364, 13 February 1964, Page 14

Speedway Champion On False Pretences Charge

(New Zealand Press Association)

INVERCARGILL, February 12.

A car bought for £1660 and advertised by his firm for £1675 was only worth, in his opinion, about £l2OO, a witness told the Supreme Court at Invercargill today. Douglas Neil Little, sales manager for Crosbie’s Garage, Ltd., was giving evidence for the Crown in the trial of Barry Briggs, a former world champion speedway rider, of Christchurch.

Briggs is alleged to have obtained £1660 from Crosbie’s Garage by false pretences. It is alleged he sold a car to Crosbie’s with 8449 miles shown on the speedometer, when, in fact, the actual mileage of the vehicle was more than 35,000.

The trial is before Mr Justice Henry. Mr J. R. Mills appears for the Crown and Mr T. A. De Cleene, of Palmerston North, with him Mr R. A. Calkin, appear for Briggs. Evidence was concluded tonight. Counsel will address the jury and his Honour will sum up tomorrow. Mr Mills said that if Crosbies had known the car's correct mileage the firm would not have been interested in it at that price. It was routine for Crosbies to overhaul cars the firm purchased Recognised Repairs When a mechanic examined the gearbox on Briggs’ car he recognised it as one on which he had recently done a repair job. The mechanic formed the conclusion that the motor had done a lot of work more than was shown on the speedometer. It turned out that Briggs had sent his car to a garage in Christchurch to have the gearbox repaired. The Christchurch garage could not do it, so it sent it down to Crosbies.

Desmond Charlton Fraser, accountant of the Invercargill branch of the Bank of New South Wales, said the cheque drawn on Crosbie’s account for £1660 was cashed at his bank’s Christchurch

branch on March 28. His bank received the cheque on April 1. To Mr De Cleene, Fraser said payment on the • cheque could have been stopped up until April 28. He said no request was made for stopping the cheque after April 28. Michael Glass, Customs inspector, of Christchurch, produced documents relating to the importation of the car on which was recorded a mileage of 35,878.

In his opening, Mr De Cleene said the Crown had a shaky case. Briggs did not have to give evidence, but would do so to absolve his character. Briggs had nothing to hide. His character was unimpeachable.

Mr De Cleene said Briggs left Christchurch, the place of his birth and upbringing, at 17 to go to England to take up speedway racing. He did well and in 1957-58 became world champion. He was known and respected throughout the speedway world. Wife’s Car In December, 1962, Briggs returned to Christchurch to see his mother with the intention of settling there with his wife and family. The car, which belonged to Briggs’s wife, had been bought in Germany. Briggs, in evidence said

the car cost a little over £lOOO in Germany, and conversion in England to a righthand drive cost just over £2OO. The car was now performing well, and he had it completely overhauled by a Southampton garage. When he left England the garage later shipped the car for him to New Zealand. Later correspondence from the garage pointed out that the engine had been almost completely renewed, but the car would still not perform properly. “Garage’s Suggestion” He wound back the speedometer since the garage had suggested it? A mechanic in New Zealand later found the fault, and the car went like new. ■He had no intention of selling the car when he wound the speedometer back. He said a gearbox fault later cost him another £2OO. He heard from his cousin that a Mr Little, of Invercargill, had rung up- about the car, and had left a number. He telephoned Mr Little, who wanted to buy the car, and asked the price. He said he asked £2OOO because he wanted to know how much the car was worth. He had no intention of selling. He could not because he had not received a Customs clearance. Mileage was not mentioned. Later he got a clearance. Because he needed the money and was returning to England, he rang Crosbies and offered them the car in March. He knew the gearbox had been repaired there. “Battle on Price” In his second conversation with Little, mileage was not mentioned, but there was a “battle about the price.” It was finally agreed at £1660. He took the car to Invercargill. Crosbie and Little inspected the car and Crosbie went for a drive in it. Mileage was not mentioned. He considered the price he got for the car was much too low.

He next saw the car at Teretonga, and on Monday saw it in Invercargill. Mileage was "just under 15,500.” He thought the best price in New Zealand would be about £2200 for such a car. When he sold the car to Crosbies it was "like new.” He, at no time, had any intention to defraud, anyone. Little was a “very hard man to deal with.”

To Mr Mills, Briggs said he had not told the detective anything because he had never been in trouble before and had been told never to say anything. Detective Stackhouse had accused him of “putting a swift one across someone, but it wasn’t swift enough.” Briggs said it “didn’t enter my mind” to tell Little and Crosbie that the mileage had been wound . back. In his opinion, the car. when sold, was in better condition than it was at 8000 miles. Briggs said Crosbie and Little bought the car on its appearance and performance without any reference to mileage.

To Mr De Cleene' he said there was a plate affixed to the car giving the year of its manufacture.