MAGISTRATE’S COURT Committed For Sentence For Perjury

Press, Volume CVII, Issue 31450, 17 August 1967, Page 11

MAGISTRATE’S COURT Committed For Sentence For Perjury

Neil Maurice Wickham, aged .22, a lino-layer (Mr J. W. Dalmer) was committed to the Supreme Court for sentence by Messrs E. L. Tinker and M. C. Butler, Justices of the Peace, when he pleaded guilty in the Magistrate's Court yesterday to committing perjury in the Christchurch Magistrate's Court on April 21, with intent to mislead the Court Sergeant V. F. Townshend prosecuted for the police. The accused was charged with committing perjury by falsely stating on oath.that on February 8 he followed a car only a few hundred yards on Colombo street, did not follow it along two or three different streets, and did not stop outside a house where the car stopped.

The accused was called as a prosecution witness in the hearing of charges of wilfully damaging a house door and unlawfully interfering with a car brought against John Robert Snowden, John David Clayden, John William King, and George Leonard Jury. Robin McSporran, a law clerk and former Magistrate’s Court clerk, said in evidence that he administered the usual oath to the accused during the Court hearing on April 21. The accused acknowledged the taking of it He said the accused told the Court he was the driver of the car in which the four defendants had been travelling. They travelled only a

short distance down Colombo street before stopping. They did not follow a car into Cardiff street

During the hearing the Magistrate warned the accused against giving false evidence. After bearing the evidence he dismissed the charges and gave instructions that an inquiry be made into the evidence given by the accused.

Corroborative evidence of the hearing was given by Elizabeth Marks, the Court stenographer. She produced shorthand notes and a transcript of the evidence. Leslie John Eatwell, a clerk, said he passed a twotone blue car while driving his mother’s Rover car on Colombo street about midnight on February 8. About four persons in it appeared to be skylarking. He said the blue car continued to follow his along Colombo, Milton and Selwyn streets and Cardiff avenue where he turned into the driveway of his home. The blue car stopped outside and four persons got out and walked towards the house.

He went inside and his brother telephoned the police. He heard glass in the front door being shattered then persons running down the drive. He later found the radio aerial on his mother’s car had been broken.

Constable Robert Henry

Moore said the accused told him one of the occupants of his car asked him to follow the Rover car because be thought he knew the occupant He followed the car into Cardiff street where it turned into a driveway. The accused remained in the car with Thomas John Murray while the four youths from the back went up the driveway to the house. (Before Mr P. L. Molinecux, S.M.) FAILED TO ACCOUNT “I thought you were in the ChathameJ' said the Magistrate when James Flnbar McMullen appeared on a charge of failing to account for *lOO, thereby committing theft at Napier on July 27, 10SS. “The convoy hasn’t yet got a clearance, sir,” said McMullen, aged 31, a marine engineer, who pleaded guilty. He was represented by Mr L. M. O’Reilly. McMullen was fined ISO, and ordered to make *4O restitution. Sergeant A. D. Stevenson said McMullen had taken a boat from Patea to Napier tor commercial dshing purposes in March, UM. There was an agreement that the boat's owner, Caleb Bird, would receive two-thirds of the proceeds, while McMullen.and the crew would share the remaining one-third. Because of bad weather and other factors, the venture was not a success, and in July, 1960, while the boat was laid up because of the weather, the defendant was approached by a representative of the Australian Dredging Company, Ltd., who wished to hire the boat for two days. Bird agreed to the lease, and arranged for *lOO to be deposited with a friend in Napier. However, the money was not paid. Because of the unsatisfactory working of the ship, the defendant was dismissed. A complaint was made to the police, and McMullen was located at Pukekohe on January 6. When interviewed, the defendant said he had paid for certain Incidentals out of the money, and had used the balance for his own purposes, said Sergeant Stevenson. Mr O'Reilly said’McMullen had no opportunity of getting away with the money, as the boat’s owner knew of the lease.

ALTERED PLEA Paki Waenga, aged 19, a shearer, was remanded until August 25 when he pleaded not guilty to a charge of stealing two sheep valued at *l2 from a farm in Geraldine on August 3. Waenga, together with Thomas John Tahu, aged 21, a shed hand, was remanded for sentence until August IS on a charge of breaking and entering the Rangltata store on the Main South road, Rangltata, on August 1 They had previously pleaded guilty. Tahu pleaded guilty to stealing the sheep, and was remanded for sentence until August 18. Sergeant Stevenson said both defendants admitted breaking and entering the store. They said they had been working for a shearing gang at Geraldine, and on the evening of August 3, had decided to return to Christchurch.

They had borrowed a friend's motor-van, gone to a paddock on a farm in Gapes valley, and had caught and killed two ewes. The skins were left In the pAddock and the carcases were taken back to the friend’s place 'at Orarl. . Afterwards, the store was broken into and property to the value of *175.85 was stolen.

Waenga pleaded guilty to the charge of stealing the sheep, but was given leave to change his plea after he told the Mag-, istrate he had nothing to do with it. ATTEMPTED BURGLARY The defendant was a man who had worked hard—and had worked hard to better himself, said Mr 8. G. Erber when Allan Charles Buchanan, aged 37. a diesel mechanic, appeared for sentence on a charge of attempted burglary. Buchanan had previously been convicted of the attempted burglary of T. I. Pearce, Ltd., 40 Tuam street, in that he aided R. I. Manning to commit the offence. The Magistrate said burglary was a serious offence, and the driver of a car involved tn a burglary was taking part in the burglary. Mr Erber said Buchanan's matrimonial life was most unhappy. His wife had formed an association with another person, and it was quite apparent that she had left him with the two children. After an application by Mr Erber for suppression of name, the Magistrate said it had often been said that publication of names was part of the punishment. The application was refused, and Buchanan was fined >4O. FINED *4O David Ludwick Merlyn Shaw, aged 21, a driver, pleaded guilty to, and was fined >4O on a charge of obtaining credit from the European Hotel, Dunedin, by falsely representing that a cheque for *13.10 was a valid order for that amount. The offence occurred on July 8. Sergeant Stevenson said the hotel's proprietor told the police that two men and two women booked in to the hotel and a cheque signed D. Shaw had been presented to cover the costs. The cheque was dishonoured. When police interviewed Shaw, he said he had not used a cheque account for two years. He had *4 5s In cash at the time of the offence, but used this for petrol and food, said Sergeant Stevenson. For Shaw, Mr D. H. P. Dawson said the cheque had been signed with the defendant's own name, and he had hoped that the hotel would have given him the chance to pay the money off. NO CONVICTION “It was a very silly thing to do,” said the Magistrate to Robert George Meldrum, aged 43, a labourer. Meldrum pleaded guilty to making a false verbal statement to a police officer on June I*. Sergeant Stevenson said Meldrum told the police he had had some money stolen from his home, but he later admitted this was not true. He ahid he Had done this because he was behind in his payments to a money lender, and thought he. Would get more time to pay by' claiming the money had' disappeared, said Sergeant Stevenson. Meldrum was discharged without conviction under Section 42 of the Criminal Justice Act upon payment of *l* towards the cost of prosecution.

CHARGE DISMISSED A charge of using obscene language in Dewsbury lane on April 4 against Edward George Avery, aged 32, a workman, was dismissed. Avery, who pleaded not guilty, was represented by Mr M. F. Hobbs.

RESERVED DECISION The Magistrate reserved his decision when the prosecution evidence had been heard against John Quentin Ede, aged 30, a student, who pleaded not guilty to driving An a manner which might have been dangerous on June 12 in Colombo street. Counsel. Mr R. L. Kerr, submitted that the evidence established a ease of careless use, but the Magistrate ruled that a prime . facie case of dangerous driving had been established. Ede did not give evidence.

MISCELLANEOUS Miscellaneous prosecutions with convictions entered (Court costs *3 on each charge) wen: Careless use: Michael Harrington, *2O and disqualified for one month (no warrant of fitness, *2); Lilly Elisabeth SffiKur? l ii4. rr,nc '’ Found in lounge bar of Bonner’s Hotel at 10,15 p.m.; Graeme Murray Crum, *10; Anthony John Dawkins, *10; Patrick Donnely, 16 (minor in bar, *0). Failed to atop at stop sign: William Patton Cowlishaw, *l2. No warrant of fitness: George Magenaar, *2. Failed to give way: Geoffrey Jennings, *l2; Richard Duncan Jones, ,12; Robin Taka, *8 (witnesses’* expenses, *l6). (Before Mr E. 8. J. Crutchley, S.M.) FINED *6O Michael John Karatau, aged 23, a driver, was fined *6O and his period of disqualification extended to June 16, 1969, when he appeared for sentence on a charge of driving while disqualified at Belfast on April 29. He had previously been convicted. (Before Mr H. J. Evans, S.M.) FOUR NEW CHARGES When Denise Ellen Little, aged 17, unemployed, appeared for sentence on nine charges of fraud, the police prosecutor asked the Court that the defendant be charged with four more fraud charges. Sergeant J. D. Farrow said that the Bank of New Zealand had complained that four cheques forwarded from Christchurch shop owners were valueless. The value of the cheques amounted to *77.95. The cheques were presented to the Christchurch shop owners between May 29 and 30. The defendant, who pleaded guilty to the charges, was remanded to August 18 for a probation officer’s report and sentence. TRAFFIC CASES

In cases brought by the Transport Department convictions were entered and fines imposed as follows: Exceeded 30 miles an hour: Gregory Lionel Malcolm, *11; John Richard Fox, (10; George Willis Ashby, (12; Brian Thomas Barton, *11; Allan Charles Pearce. *ll and disqualified from driving for two months; Stuart Thompson, *l5; Stanley Francis Clarke, *11; Rangl Sammy Mihaere, *l2; David Robert Ainsworth, *10: Denis Mawson Stewart, *l3; Lyndsay Harold Beck, *l5; Patrick Desmond Leahy, *lO (failed to produce driver's licence, two charges, (1 and *7); John Stephen Lunn, >22; Lyele McMillan, *l5; Warren Merldlth, *l4; Kevin Francis O’Keefe, (IS; Warren David Maxwell, *10; Robert Evans, 19; Peter John Moyes, (11; Kevin William Quayle, >10; Delmar Hugh Richards, ,10; Kevin Garry Walker. *9; Trevor Gilbert Williams, *9; James Bell, *10; Richard Ellis Bendall, >l2; Udo Benecke, *l2; William Cleland Christie, *9; Kenneth Arthur Currie, (11; Herbert Patrick Doherty, >l2; Alalstar John Dymond, *11; Owen Ronald Foster, *l2; John Gavtn Hampton, 111; John Robert Harwood, ,16; Charles Hiigendorf, ,12; Donald Hugh Hlndle, ,14; Jack Leonard Houghton, *l3; Sydney John Lister, *11; Barry Norman Meadows, ,15; Neil Seaton Muckle, ,10; John Charles Payne, ,11; David George Scott, ,16: John Robert Still, ,10: Keith Stockbridge, ,10; Hendrlous Vldeler, ,10; Gordon Sinclair Walker, ,15; Kevin George Allan, ,12; Russel Thomas Birchfield, *10; Selwyn Lester Earnshaw, ,12; Graham Andreasend, ,10; John Kenneth Bastion, ,12; Reid Arthur Caldwell, *10; Peter Stanley Carson, ,11; Graham Ronald Daly, IB; Maxwell Falgar, ,13; James Graham Foulds, ,17; Gary Noel Green. *10; Joyce Margaret Kelly, ,10; Neil Allan MeKay, ,12; Maurice Victor McNlcholl, ,13; Noel Douglas Shaw, *l2; James Frederick Snelson, ,11; Patrick James Stenhouse, ,12: Charles Tindall, *11; Frederick Sohu Wham, *l5; George Wing-

ham, *l2; Paul Nicholas Antietch, K 0; Allan Kenrlck Ardner, ,12; Douglas Barry Bortln, (12 (failed to produce driver’s licence, *10); Graham John Burgess, ,15; Gordon Cuthbert, ,20; Max Harry Fairhall. *l2; Gerald Lyndsay Furness, ,14; Graham John Fintey, ,16; Donald Gregory Griffin, ,10: Douglas John Hannam, ,14; Mathias Thomas Hansen, ,11; Robert Marshall Honeybone. ,11; Martin Raymond Howard, ,17 (no warrant of fitness, ,2); Walter Charles Line, ,12; Raymond Leslie McLaren, ,13; Keith Ramsay McNeil, ,13: Ronald John Martin. *9; Mabel Milliken, ,12; Larry Daniel Munholland, ,12 (failed to display learners’ plates, ,3); Warren Arthur Neilson, ,21: William Daniel O'Donoghue, M2; Eric Leslie Ross, ,10: Douglas Henry Talbott, ,10; George Alexander Turnbull, ,8. Passed without clear visibility: Robin Blckley, ,7. disqualified from driving for three months; Ronald Ernest Graham, ,10. disqualified from driving for three months; Ila - Margaret Gregg, ,10, disqualified from driving for three months. Drove while disqualified: Keith Raymond Palmer, M 5, disqualified from driving tor 15 months (insufficient lights, ,7). Careless use: Micheal Lawrence Fitzgibbon, ,10, disqualified for two months (failed to comply with traffic lights, ,14); Ronald - Scarlett, ,11. Failed to keep left: Noel Anthony Baker. *2O, disqualified for six weeks; Murray Russel Skilling, *6 (exceeded 55 miles an hour, ,6); Norman Fife Brian, *lO, disqualified from driving tor one month. Failed to give way: Sandra Mary Smith, ,14; Anthony John Hope, ,5; John Draper Horridge, ,14; Bryan Malcolm Lethwaite, ,6; Kenneth John Parnel, ,8: Judith Mary Taylor, ,10. Exceeded statutory axle weight Ashby Bros., ,10; Selwyn Transport, Ltd., ,6: J. Deyell and Company, ,6; W. A. Brown, Ltd., ,8; B. S. Butler and Sons, Ltd., ,10 (exceeded heavy traffic licence, ,10). Insufficient lights: Gerrit Bom, ,2 (no warrant of fitness, ,15); Roy Leslie Jones, *4; John Arthur McMillan, ,5; James Anthony Flatley, ,9. No certificate of fitness: N. O. Pierson, Ltd., ,6 (heavy traffic licence not carried, ,6); Neil Somerville Combe, ,15 (exceeded heavy traffic licence, ,10). Exceeded 45 miles an hour with pillion passenger: Shane Whitford. ,20; Edward Lawrence Kelly, ,12 (failed to produce driver's licence, ,7). No red rear light: James Taylor, 16: Ernest Charles Atkins, ,4 (no driver’s licence, ,4). Mervyn Colin Flannagan, ,2 (no trailer side lights, ,12).

No light on bicycle: Roger Francis Quigley, ,1 (no red rear light, ,1; no red tape on cycle. ,1); Anthony Paul Perrett, ,1 (rode bicycle on footpath, ,2) x Exceeded 55 miles an hour: Brian Stanley Thomas, ,8; Peter Davie Maguire, ,7; Peter Lawrence Busch, ,7; Brian Kttson, ,6; Paul Rlehard Hyde, ,17. Exceeded 40 miles an hour with a trailer: Brian Arthur Goodman, ,10.

Wrong class of driver’s licence: Terence Green, ,2. Wrongly adjusted lights: Howard John Bezar, ,2.

Crossed against traffic lights: Phillip Arthur Brooker, ,14. Permitted a person to ride on a vehicle In a dangerous manner: Richard John Cutler. ,2.

No driver’s licence: Kathleen Ellen Collins, ,1; Alexander James Glasgow, ,7. Permitted unlicensed driver to drive vehicle: Gordon Stanley Hobday, ,20. Insecure load: Lynn Gregory Odell. ,20; Harley James Goodland, ,17. No warning device: David Mortland Findlay, ,2. Heavy traffic licence not carried: Robert Field, ,10.

Parked over time limit: Raymond Davies, ,2. Detective silencer: Noel Thomas Kelly, ,8 (failed to produce driver's licence, ,4).