‘Can’t Stand This Nonsense’

Press, Volume CIV, Issue 30882, 15 October 1965, Page 3

‘Can’t Stand This Nonsense’

(N Z. Press Association) AUCKLAND, Oct. 6. Daniel Huntwell

Macmillan, one of the persons accused of the £15,000 Avondale bank robbery, told the Supreme Court, Auckland, today: “I don’t think I can stand all this blasted nonsense.”

He said this as he was being led into the dock at the beginning of the fourth day of the trial. “I would like to be excused from the court and placed in a cell,” he said. Mr Justice Gresson replied: “You do yourself an injustice Macmillan. Just take your place in the dock in the ordinary way, but should you interrupt proceedings again then I shall direct, as I have previously said, that you will be removed to your cell.”

Macmilan then remained silent, his eyes closed. I Macmillan, aged 28, unemI ployed, and David Harley Western, aged 20. a student, are charged with the robbery. Catherine Barbara Western, aged 25. a housewife, faces charges of receiving. The three accused have pleaded not guilty. Mr D. S. Morris is appearing for the Crown. Macmillan is represented by Mr R. L. Maclaren, Western by Mr D. S. Beattie. Q.C., with him Mr R. G. Sutton, and Catherine Western by Mr P. B. Temm. CAR PROMISED A Crown witness, Michael Darley Gifkens, a law student, said that during a conversation in the law library about David Western’s business enterprise with his brother some months before the robbery, Western mentioned a sum of £20,000 profit. Western also discussed buying him a sports car as a token of friendship. On the Wednesday after the bank robbery he saw Western and Macmillan, whom he knew as Philip Western, in a near-new white VW car. Macmillan said they had been changing cars so often in the last few days they did not know where they were. Gifkins said he was impressed. Macmillan said he wished to impress no-one. but if he did, all he would have to do would be to open a brown leather satchel on the car seat. “He said I would be so impressed I could not speak,” said Gifkins. “Very impressed” Cross-examined by Mr Maclaren. Gifkins said he had been very impressed by Philip Western, who had “a large contempt for the rest of society." To Mr Beattie, he said that during the conversation at the car David Western said nothing. “With his brother, he always seemed cowed.” he said.

Mr Beattie told the judge that the Crown conceded that the VW was a rental car. John Richard Prosser said he saw the two male accused twice on June 23. On the first occasion he saw them walk into the reserve at Mount Eden. One of them was carrying a paper parcel. He saw them throw something into the bushes and then walk away. He found three paper parcels containing ash. The next day he got in touch with th.: police. FOUND HANDKERCHIEFS : William George Gilliam, a (detective, said that on the morning of the robbery he 'examined a rear window of ithe agency. Below it. outside, he found a blue handkerchief adhering to a tube of glue. Robert James Edwards, a detective, said that on June

23 he was one of a party of police officers who searched the Calgary street flat. He said he found two coloured handkerchiefs, two plastic piggy banks, a plastic satchel which contained some money, £164 in £1 notes in a writing bureau and two Post Office pass books. Catherine Western was present when the money was found.

During the evening, he said the telephone rang and when he answered there was no reply. A few minutes later the telephone rang again. When he answered a man replied and spoke to Catherine Western.

“On the completion of this call Western knelt on the floor beside the telephone and said: T wish I could tell you all you want to know, but I can't,’ ” said Edwards. He said he spent the rest of the night in a patrol car opposite the flat. About 1.25 a.m. he saw sparks and smoke coming from the chimney. He went round to the back of the house and saw Western and her mother-in-law. Inside the flat he extinguished some burning papers and took possession of the tray of cinders. Bruce Alexander Ramsay, a detective-constable, said he arrested Western on June 24 and another officer arrested MacMillan. Western asked: “What do you get for wrongful arrest? About £2OOO I should think.” Norman Souter, a detectivesergeant, said that on June 14 he called at 10 Audrey road, Milford, to inquire about the two male accused. He was able to get no information. Witness said that on June 23 about 3.15 p.m. he was with a police party which called at 16 Calgary street with a search warrant. The

party travelled in a black police car which was parked among other cars at the intersection of Calgary street and Sandringham road. He saw a red Volkswagen turning into a driveway about 150 yards down the road. It had passed the police car. He saw Catherine Western get out of it and walk towards 16 Calgary street. The car turned and went back in the direction of Sandringham road at breakneck speed. He ran after it and got close enough to read part of the number. MacMillan was driving and Western turned and looked out at him. Witness said he returned to 16 Calgary street where Mr Perry was speaking to Catherine Western. “IN WELLINGTON” “I heard her tell Inspector Perry that her husband, Daniel Macmillan, was in Wellington and had been there for about a week. She did not know when he would be returning.” Witness said he interrupted and told her she was lying. She at first denied this but later said she had been lying and that they had just gone into Symonds street to get a newspaper.

Witness said that Catherine Western told him she and Macmillan were just living together. When asked about the name Western she said her real name was Keith but she had changed it to Western by deed poll.

Souter said that on the morning of June 24 he asked her how she had £97 in her bank account from deposits made in the last week when before that her account had shown no substantial amounts.

“She said it was her piggy bank money. 1 asked her if it was all piggy bank money and she said yes.”

William Shanks, a detec-tive-sergeant described how he arrested Macmillan on June 24. Macmillan had told Western, who was arrested by Constable Ramsay, not to struggle or argue but to get in the car. IN SUITCASES Shanks read an itemised list of things found in three suitcases which were handed to him by Mr Perry. Included in one were 14 birth certificates and a number of newspaper clippings including some referring to crime. In one was a price list of tranquiliser guns and an “appreciation of the situation.” Also there were nine cheque books on the Bank of New Zealand—six of them in sequence.

In the same suitcase, witness said, there was about £12,000 in money and a number of drivers’ licences. There was also a date stamp for the Bank of New Zealand agency. There were a quantity of number plates, packets of screws and nuts and 35 m.m. slides.

The hearing will continue tomorrow.