SUPREME COURT Treasurer Defrauded Betting Syndicate

Press, Volume CVII, Issue 31499, 13 October 1967, Page 9

SUPREME COURT Treasurer Defrauded Betting Syndicate

A 30-year-old company representative. John Grant Wyber, who had been treasurer for a five-man betting syndicate at the Riccarton Workingmen’s Club, was yesterday found guilty in the Supreme Court of the theft of syndicate winnings amounting to $205.43, by fraudulently failing to account for them to the other members.

The charge related to a period between October 15 and December 25 last year. Wyber (Mr A. Hearn), who had pleaded not guilty, was remanded by Mr Justice Macarthur, in custody for sentence on October 20. The other four members of the syndicate—James George Newall, Oscar Howard Albert Sutherland, Robert Hanlin, and Trevor Hapl Howse—all gave evidence against Wyber, saying that they had entrusted him with placing the syndicate’s weekly bets, amounting to $5, at the Totalisator Agency Board, and winnings in a bank account As at October 15, 1966. Wyber, according to their evidence, presented each syndicate member with a statement showing “amount in bank £l4O Bs.” “No Bank Account”

The Crown’s case, said the Crown Prosecutor (Mr C. M. Roper), was that there never had been a bank account, and that Wyber had used the money for his own purpose. Withdrawal slips for certain small advances to members, signed by a “trustee,’* had never actually been used. Wyber had paid these out of his own pocket. After Wyber had failed to pay out the syndicate’s winnings at Christmas, as arranged, and the police began to investigate, he had sheltered behind a fictitious bookmaker, Mr Roper saidThe all-male jury heard a

letter read, sent by Wyber to syndicate members on May 22 this year, in which he called them “dear sirs,” and informed them: “The syndicate’s bookmaker has promised to pay his debt to the syndicate on or before June 2.”

A further letter from Wyber, on June 6, included a postal order for £25 (conceded a valid order by the Crown) and said: “Unfortunately, our bookmaker is unable to raise full amount, but he has promised either further instalment or payment in full by June 20.” The syndicate members said that, as yet, nobody had received any money. Newall said that a cheque for £6l 9s he had received from Wyber had been dishonoured, and the £25 postal order was still held by the police. At no time, said syndicate members, had they knowledge that Wyber was betting with a bookmaker, nor had they given him authority to do so Question Of Bookmaker

Detective Sergeant D. N Scott said that he told Wyber that if his explanations were true, he had only to disclose the syndicate’s bookmaker for matters to be cleared up. "1

said I would go to see this bookmaker, and if the accused was right, nothing further would be done,” said Detective Sergeant Scott. But Wyber had declined to give the bookmaker's name, he said.

Wyber did not give evidence. Mr Hearn submitted on his behalf that although he might have made “a pretty poor job” of handling the syndicate’s affairs, his conduct had not been fraudulent. “Wyber does not say he does not owe his friends money. He does not say he will not pay them. But he does say he is not a thief.” Mr Hearn said. After a 45-minute retirement, the jury found Wyber guilty.