MAGISTRATES COURT Fines Total £50 On Charges Of Impersonating The Police

Press, Volume CIV, Issue 30667, 5 February 1965, Page 7

MAGISTRATES COURT Fines Total £50 On Charges Of Impersonating The Police

Fines totalling £5O were imposed by Mr H. Rosen, S.M, in the Magistrate’s Court yesterday on Garry Ernest Holtham, aged 29, a company director (Mr G. R. Lascelles) on charges of Impersonating the police on October 11 and October 12. He pleaded not guilty to both charges. Detective Sergeant E. T. Mitten prosecuted for the police. The Magistrate said he imposed a fine with some reluctance. “I feel I am extending the utmost leniency and the defendant would be well advised to bear in mind that another charge of this nature would lead to imprisonment unless the circumstances were very unusual indeed.”

Velma Clara Burnett, a married woman, said in evidence that about 4 p.m. on Sunday, October IL a man came to the back door of her house at 27 Bordesley street. He said he believed she had a girl there with her son, and would she mind if he searched the house.

The man, the defendant, gave no name but said he was from the Central Police Station. Mrs Burnett said she showed him through the house and introduced him, as being from the central station, to people present in the lounge. The defendant was wearing a white open-neck shirt and grey sports trousers. “I would not have permitted him to search the house had I not thought he was from the police station,” Mrs Burnett said.

The defendant said he was looking for Lorna Hardy and Mrs Burnett’s son, Garry. She did not know where they were and told him so.

Cross-examined by Mr Lascelles, Mrs Burnett said she did not approve of the friendship between Garry and Lorna. She had heard on the radio that they were missing and being sought by the police.

Mr Lascelles: It is fair to say that you knew who the man was who called? The witness: No.

Mr Lascelles: Did you ever say you made this complaint out of spite?—l never did it out of spite. To other questions by Mr Lascelles Mrs Burnett said, “I will not answer”

The Magistrate warned the witness that she could be held in contempt of Court for refusing to answer. “You will

now answer the questions,” he said.

The witness again refused to answer and the Magistrate adjourned the Court for her to reconsider. After the adjournment and consultation with Detective-Sergeant Mitten, the witness answered a number of questions put by Mr Lascelles.

The Magistrate then made an order prohibiting publication of that part of the evidence given under crossexamination and which the witness had originally refused to give. Corroborative evidence for the prosecution was given by other witnesses who were present in the house when the defendant called. Samuel Maxwell, a labourer, of 165 Bordesley street, said that the defendant was waiting outside his home when he returned on Monday, October 12. The defendant asked him the whereabouts of Lorna and Garry. He replied that he did not know. He said the defendant warned him that his mate had gone to central to get a warrant to search the place. “I asked him for his credentials and he said they were at central. He said he was Constable Bruce,” said witness.

In evidence the defendant said he was employed by Carlton Business Agencies, Ltd, debt collectors and repossession agents. Frederick Phillip Clarkson was another employee, Mrs Clarkson was secretary, and Lorna, her daughter, was the receptionist. Garry was a clerk for the company. He said that on Friday, October 10, Garry did not return from an errand to the post office. Later it was found that Lorna had disappeared and the matter was reported to the police. “On October 11 I went to Mrs Burnett’s house and asked if Garry and Lorna were there. Se said: ‘Why and who are you?’ I said my name was Garry Holtham and that Mr and Mrs Clarkson were friends of mine and were worried about the whereabouts of Lorna and Garry.” He denied saying he was a police constable and that he was from the central police station.

He said that when he spoke to Maxwell he showed him a business card showing his identity. When he asked Maxwell about Garry and Lorna he replied, “I know where they are, but I won’t tell you.” Frederick Phillip Clarkson, a ledgerkeeper for the company, said he heard Mrs Burnett say she was going to have a charge laid against Holtham. “She thought Holtham was my brother and wanted to spite me.” He said Mrs Burnett had previously been in his wife’s employ in Timaru and was discharged for dishonesty. “Mrs Burnett said she had made hysterical charges and was going to the police station to withdraw them. Later she told me the police would not let her do so,” said Clarkson.

The Magistrate said he was satisfied from the defendant’s manner at Mrs Burnett’s house and the statements he made, that he did, by words, pretend to be a member of the police. He was also satisfied that the defendant had tried to lead Maxwell to believe he was a member of the police. Detective-Sergeant Mitten said the defendant had a number of previous convictions — two for identical offences. FINED £lO Thomas Reginald Taylor, aged 21, a barman (Mr I. M. Cameron) was convicted and fined £lO on a charge of theft as a servant of £4 in money from Ballins Industries, Ltd., on January 20. He was ordered to make restitution of £4. He pleaded not guilty. (Before Mr E. S. J. Crutchley, S.M.) 15 MONTHS’ GAOL Albert James Henderson, aged 27, a plasterer, was sentenced to 15 months’ imprisonment on two charges of burglary committed at Taumarunui and Reefton and a charge of false pretences involving a cheque for £97 10s at Te Kuiti. Mr J. H. Gebbie, for the accused, said Henderson had broken into the New Commercial Garage at Reefton when he was penniless after taking part in a deer stalking venture which failed. His employment was restricted because of his lack of education. BURGLARY AND ASSAULT Anthony Peter Anticich, aged 29, a concrete worker, was fined £5O on a charge of aggravated assault on Trevor Henry Oakley, £lO on a charge of unlawfully taking a cycle, ordered to pay £2O towards the cost of prosecution on each charge of breaking and entering the St. Albans and New Brighton Totalisator Agency Board premises, was ordered to make restitution of £IS 7s 6d, and was placed on probation for two years. Anticich, who had pleaded guilty to the four charges, was appearing for sentence. Mr G. T. Mahon, for the accused, said this was Anticich’s first appearance in Court. He came from an excellent family and had a good work record. He was about to be married. TWO YEARS’ PROBATION David John Eathorne, aged 17, a workman, was admitted to probation for two years and was ordered to pay £l5 towards the cost of prosecution when he appeared for sentence on 10 charges of stealing car parts and hardware, one of wilful damage and one of disorderly behaviour. All the offences were committed at Rangiora. The Rev. Father D. Carey, who spoke on behalf of the accused, said Eathorne had had a good reputation until this series of offences. He was forming a youth group and Eathorne would be a member and under his supervision. The Magistrate said that the probation officer’s report disclosed that Eathorne's behaviour had been good before these offences, all of which were committed about the one time. The accused had expressed regret for what he had done and had been very frank with the police. FINED £lOO William Joseph Kyle, aged .54, a labourer, was fined £lOO on a charge of attempted indecent assault on a boy. He was appearing for sentence.

Mr P. G. S. Penllngton, for the accused, said the offence arose because Kyle had been drinking. INDECENT ASSAULT Alan Cleve Partridge, aged 17, and George Fontaine Henderson, aged 18, apprentice carpenters, were each fined £l5 on a charge of indecent assault on a girl, aged 14. They had pleaded guilty and were appearing for sentence. Mr M. G. L. Loughnan, who appeared for Partridge, said the offence was not as sinister as it first appeared. THEFT AS A SERVANT Kelvin Frederick Goddard, aged 22, a workman, was remanded on bail to February 15 for sentence on a charge of theft as a servant of £2B 8s 8d from C. Verschuren Bakery, Ltd. He pleaded guilty. Senior-Sergeant G. M. Cleary said Goddard was employed to deliver goods throughout the city. He collected certain payments but did not hand the money over to his employer. He admitted taking sums for 12 months but they were repaid at a later date. He was not able to do this over the Christmas period because of heavy commitments. PROBATION AND FINE “It is pretty shocking for a boy of your age to drink the way you do. I had firmly in mind to send you to a detention centre but I will take into account what your counsel has said,’’ the Magistrate said when he fined Michael Ross Coleman, aged 17, an assistant surveyor, £3O, admitted him to probation for two years and cancelled his driver’s licence for three years on a charge of riding a motorcycle in Cathedral square on December 18 when under the influence of drink or drugs. Coleman, who was appearing for sentence, had pleaded guilty to the charge. Mr A. R. Cottrell, for the accused, said Coleman had let himself be led and that there was nothing criminal or vicious about him. His father was taking an interest in him since he had got into this trouble. FINED £l5 Eric Francis Elkis, aged 43, unemployed, was fined £lO on a charge of stealing a cycle, valued at £6 on January 28, and £5 for a breach of a prohibition order by procuring a bottle of sherry on January 29. He pleaded guilty to both charges. FINED £25 John Lloyd Sully, aged 19, a workman (Mr G. R. Lascelles), was fined £25 on a charge of stealing car parts, valued at £1 2s, the property of the Ashburton County Council on October 3. He pleaded guilty. Senior-Sergeant Oleary said that Sully took the parts from a vehicle parked in the council’s yard and as they would not fit his vehicle he threw them in a fire. Mr Lascelles said Sully thought that the vehicle was not used. STOLE CYCLE Barry Charles Johnson, aged 26, a factory hand, was fined £l5 on a charge of stealing a cycle, valued at £5, the property of John Charles Symons on January 19. He pleaded guilty. IDLE AND DISORDERLY Leo Spencer Davies, aged 54, unemployed, was remanded on bail to February 15 for sentence on a charge of being idle and disorderly in that he had insufficient lawful means of support on February 4. He pleaded guilty. UNLAWFULLY IN YARD William Edgar Dron, aged 17. a workman, was discharged without conviction under section 42 of the Criminal Justice Act upon payment of costs of £1 10s after he had pleaded guilty to a charge of being unlawfully on the enclosed yard of Auto Parts, Ltd., Tuam street, on December 15. FINED £l5 William Stephen Penny, aged 35, a labourer, was fined a total of £45 on three charges of stealing cycles, in default one month’s Imprisonment. YOUTHS FINED “If you behave like this in public you have got to pay for it," the Magistrate said when he fined Graham James Judkins, aged 19, an apprentice plumber, £5 on each charge of fighting with David Mcllroy in Harewood road and wilfully damaging a shop window, the property of Christopher Chapman on November 21. He was ordered to make restitution of £l7 10s. Judkins pleaded guilty to both charges. Anthony Martin Hall, aged 18, an apprentice carpenter, was fined £5 on a charge of fighting with David Mcllroy in Harewood road on November 21. He pleaded guilty. Mr A. D. Holland, for the defendant, said Hall had recevied considerable provocation. Charges against David Paul Mcllroy, aged 20, unemployed, of fighting with Anthony Hall, unlawfully Interfering with Hall’s car by allowing air to escape from the tyres and wilfully damaging a shop window, the property of Christopher Chapman, were adjourned to February 15. CASE PART HEARD With the case only part heard John Perkovic, aged 35, unemployed, was remanded until today on a charge of stealing a 16 mm. movie camera, valued at £156, the propertoy of International Cameras, Ltd., on June 15. He pleaded not guilty and was represented by Mr L. M. O’Reilly. Senior-Sergeant Cleary said the charge arose out of theft by conversion and that it was alleged that Perkovic had sold a camera which had not been fully paid for and which was subject to a hire-purchase agreement. Perkovic said in evidence that the camera he sold was his own property and that the one belonging to International Cameras, Ltd., was in Australia with a member of an organisation to which he belonged. FINED £lO Alexander Ward, aged 19, was fined £lO on a charge of stealing a heater and blankets, valued at £9 at Wellington. REMANDED Paul Thomas Allen, aged 21, was remanded on ball to -February 11 on a charge of attempting to break and enter the Four Ships Restaurant in High street on December 29. A charge against Allen of being unlawfully on enclosed premises was withdrawn on the application of the police. A man, whose name was suppressed, was remanded on bail to February 11 on a charge of incest on January 3. Cyril Sydney McMillan, aged 44, a workman, was remanded on ban to February 11 on a charge of stealing a transistor radio, valued at £3O, the property of Norman Louis Willard. Johannus Cornelius Swinkels, aged 40, a painter, was remanded on ball to February 11 on a charge of driving under the influence of drink or drugs on the Darfield-Hororata road on December 12. Neville Lester Burnlp, aged 26, was remanded on bail to February 11 on a charge of being found unlawfully in a building at 79 Thackeray street on January 19. Donald Alexander Boyd, aged 21, a rubber worker, was remanded on bail to February 11 on charges of being unlawfully in Bonner’s Hotel and the Wooiston Hotel, unlawfully taking a car and driving while disqualified on Fitzgerald avenue. Ronald Alan Peters, aged 29, a workman, waa remanded in custody to March 3 for the taking of depositions on a charge of false pretences involving a cheque for £l5 presented to the

Matipo Service Station on December 10.

Steven Christenson, aged 30, a managing director, was remanded on bail to February 11 on a charge of driving under the influence of drink or drugs in Ferry road. Paul Scott, aged 19, a workman, was remanded on bail to February 10 for the taking of depositions on a charge of assaulting Constable George Robert Orman in the execution of his duty on January 8. John Morton Bloy, aged 33, a commercial traveller, was remanded on bail to February 11 on a charge of permitting a male to do an indecent act on him.

Vincent John Wright, aged 38, a cook, was remanded in custody to March 3 on a charge of false pretences involving a cheque for £l2 presented to A. W. Grimmer and Sons, Ltd. Long Wing Chan, aged 61, a factory hand, was remanded on ball to February 18 on charges of using premises in Colombo street, for the storage of opium and for being in possession of a dangerous drug, raw opium, on January 28. Paul Dawson, aged 19, a workman, was remanded on bail to March 10 on a charge of receiving a guitar, valued at £5O, when he knew it had been dishonestly obtained. Robert Gourley, aged 29, a workman, was remanded in custody to March 3 on a charge of false pretences involving a cheque for £l7 13s presented to the shop of G. S. and I. E. Bruce on December 10.

Derek Raymond Dixon, aged 26, a male nurse, was remanded on bail to February 11 on a charge of driving under the influence of drink or drugs in Clarence street on December 15. Bruce Alexander Kane, aged 19, an apprentice mechanic, was remanded on ball to February 11 on a charge of riding a motor-cycle in Lyttelton street when under the influence of drink or drugs on January 30. Brian James Adams, aged 22, a salesman, was remanded in custody to February 11 on charges of breaking and entering Boyd’s Jewellers Shop, 5 Oram avenue, and Martins Electrical Store at Kaiapoi and on two charges of unlawfully getting into cars. Raymond Lester Murray, aged 24, a workman, was remanded on bail to February 18 on charges of assaulting Constable Desmond James Doolan in the execution of his duty and assaulting Robert Thomas McKay. William Edward Anthony Terry Newman Harris, aged 24, a fish splitter, was remanded on bail to February 18 on a charge of assault. CHARGES ADJOURNED Charges against Anthony Hyde-Harris, aged 39, a night club manager, of assaulting Brendina Monica Lewis and wilfully damaging a lounge wall on December 29 were adjourned to February 11. (Before Mr K. H. J. Headifen, S.M.) FLEW TOO LOW Milton Ward Sills, a pilot, aged 42 (Mr A. R. Cottrell), pleaded guilty to a charge of flying below 506 ft at Waimalrl Beach on October 13, 1964, brought by the Civil Aviation Department (Mr N. R. Morgan). Mr Cottrell said Sills had run into bad weather and was flying at a low level above the sea so that the cushion of air produced beneath him helped to cut down fuel consumption. His fuel was running low. He was amazed to find people swimming at that time of the year. The Magistrate said he was satisfied Sills had not wilfully disregarded regulations. He convicted and fined him £lO. PRISON TERM Frank Alfred Griffin, aged 50 (Mr J. F. Burn), was convicted and sentenced to a term of three months’ imprisonment for obtaining credit without disclosing that he was an undischarged bankrupt. Mr N. R. Morgan, appearing for the Official Assignee (Mr P. D. Clancy), said Griffin had been declared bankrupt four times and had been discharged only once. He bad obtained credit of £545 from a drum company. ASSAULTED TRAFFIC OFFICER A charge of driving a motor vehicle while under the influence of liquor or drugs against John Grefstad, a fitter, aged 47, on December 4, 1964, was dismissed. Grefstad (Mr R. G. Blunt) pleaded not guilty. The Magistrate said medical evidence had declared Grefstad was fit to drive. There were no real complaints about his driving. It was good enough to allow the traffic officer to drive alongside. On a further charge of assaulting a traffic officer on the same night, the Magistrate convicted and fined Grefstad £lO. He said it was not a serious case where a traffic officer had been violently assaulted as was usually the case when a charge of this nature came before him. DISMISSED The Magistrate dismissed a charge of driving a motor vehicle while under the influence of drugs or liquor against Kevin O'Brien, aged 36, a slaughterman (Mr W. F. Brown). Medical evidence stated O’Brien was fit to drive, said the Magistrate. He had not been told the manner of driving of the defendant and whether other traffic had been endangered. NO TV LICENCE George William Taylor was convicted and fined £3 on a charge of not having a television licence on or about May 13, 1964. SHOP NOT CLOSED Marie Lucinsky was con-, vlcted and fined £5 for falling to close her shop on October 17, 1964. LABEL NOT VISIBLE A charge brought by the Christchurch Lyttelton Road Tunnel Authority (Mr P. Champion) against Joseph Arthur Cox (Mr D. W. Russell) for falling to display maximum weight label on October 27, 1964, was dismissed. The Magistrate said Cox’s label was visible. The fact that it was not readily visible did not apply. (Before Mr E. A. Lee, S.M.) £2O FINE Brian Douglas Robinson, aged 41, a wire-worker, was convicted and fined £2O and disqualified from holding a licence for three years on a charge of driving a motor-car under the influence of drink or drugs in Bealey avenue, on December 5, 1964. He was also convicted and disqualified from driving for six months for careless use of a motor-car on the same day. Robinson pleaded not guilty to both charges. THEFT OF SEWING MACHINE Alma Lynn Pollock, aged 33, a waitress, and Jean lona Phillips. aged 25, a domestic, were convicted on a joint charge of stealing a sewing machine valued at £5. Pollock pleaded guilty and Phillips not guilty. Pollock was ordered to pay witnesses’ expenses of £4 13s 9d and to make restitution of £5. Phillips was discharged without conviction under section 42 of the Criminal Justice Act upon payment of £4 13s 9d witnesses’ expenses. CHARGE DISMISSED The Magistrate said he bad grave doubts as to the honesty of the accused, but it had not been proved that the right to drive the car given by the owner had been withdrawn. He dismissed a charge against Robin Francis Sheedy, aged 21, a workman, of unlawfully taking a car, valued at £390, the property of Norrie Kenneth Davey.