MAGISTRATE’S COURT 21 Months Imprisonment For Frauds On Post Office

Press, Volume CIX, Issue 31922, 25 February 1969, Page 14

MAGISTRATE’S COURT 21 Months Imprisonment For Frauds On Post Office

Edward de Faan, aged 25, a former English schoolteacher, was sentenced to a total of 21 months imprisonment when he appeared for sentence on 40 charges of forgery, 31 of false pretences, and one of theft, before Mr H. J. Evans in the Magistrate’s Court yesterday. The offences took place on February 3, 4 and 5, when de Faan opened a large number of Post Office Savings Bank accounts in Wellington and Christchurch, under a false name verified by a Y.M.C.A. membership card, said the Magistrate. He made opening deposits of a few cents, had forged further deposits, and had then travelled about withdrawing amounts of $4O.

De Faan was arrested on February 6, “thanks to prompt action by the police and Post Office officials,” when he had $lOOO in cash and air tickets to New Caledonia in his possession.

The theft charge related to a typewriter stolen from Paraparaumu in January. For de Faan, Mr R. S. D. Twyneham said he could suggest with some confidence that the Court would be left wondering why a man with such ability as the defendant had turned to criminality and had become an incipient wandering Jew. He said that some significant answer could be found in the date and place of the defendant’s birth.

The defendant had been born near London in 1943. His mother had been pregnant when England was feeling the full effect of air raids and their consequent destruction. “Life was an absolute nightmare—not only was there an appalling loss of life and property, but at that stage England was fairly close to defeat. This happened during his formative years—and the defendant is one of that unfortunate generation who has had to start life with these difficulties, and has probably caused this funny kink in his misdirected abilities,” said Mr Twyneham. He said de Faan had shown early symptoms of this—he had been unable to make friends and acquaintances even at school, and his mother had sought psychiatric advice when he was 10. He said de Faan was quite capable of reform and becoming a good citizen, if his talents were channelled in the right direction. His parents were living in Wellington and were ready to accept him. Mr Twyneham produced a letter from the defendant’s mother.

The Magistrate said the probation officer's report did not refer in any way to any pre-natal upsets. He said the defendant had one previous conviction —in England when he had been sentenced to detention training for three months. He said the past experiences of the defendant were interesting and unusual, and that a remarkable feature of him was his much aboveaverage education and attainment. “I can see nothing which would have made you commit this series of crimes with such deliberation. “I hope that you can still make something good of your life, and if it is any advantage to you—and I hope it is —I will make an order recommending you be given any psychiatric treatment considered necessary,” said the Magistrate. Restitution of $28.53 was ordered. PART HEARD Charges of assaulting James Peter Bowcock, a traffic officer, and of wilfully damaging a windscreen wiper on a Transport Department car against Allan Bede Holmes, aged 58, a farmer (Mr K. N. Hampton), were adjourned part heard. Holmes has pleaded not guilty to both charges. Traffic Officer Bowcock gave evidence that at 8.5 p.m. on December 28 he stopped a taxi outside the Christchurch Hospital in Riccarton Avenue. While he was speaking to the driver in front of the taxi the defendant also got out and began to ‘make a nuisance by interrupting.” The traffic officer and the taxidriver then sat in the front seat of the patrol car, when Holmes walked up, held a door open and continued interrupting. He then returned to the taxi and began sounding its horn continuously for several minutes, said the traffic officer. Having seen Holmes returning to the patrol car, he locked all the doors. Holmes had then rocked the car, and then grabbed a windscreen wiper and broke it off at its base.

When he tried to approach the defendant to take him to the police, Holmes had hit him on the face, said the officer. He then took the defendant to the 'footpath, .where he broke loose and threw several more punches. With the help of the taxi-driver, he put Holmes in the patrol car and took him to the police station.

Cross-examined, the officer said that he did not strike the first blow. He had struck the last blow, which had stunned the defendant.

He said that at the police station he had recognised the defendant as a man who had “pulled his leg a bit" about some registration plates about a year before. He had not recognised the defendant until he was at the static*!. He did not consider that the snapping of the windscreen wiper had been accidental. He denied having become angry at this and leaping out of his car, spinning the defendant round and striking him a blow In the middle of the forehead.

DROVE UNDER INFLUENCE Bruce George Cameron Johnston, aged 24, a driver, was fined $lOO, was ordered'to pay a medical fee of $0.30,' and his driver's licence was cancelled for three years on a charge of delving under the influence of drink or drugs on the Main South Road. He pleaded guilty. Detective Sergeant R. G. McMeeking said that about 9.55 p.m. on January 8 Johnston drove north from the Dunsandel Hotel. He travelled on the wrong side of the road for a short distance and then went on to the grass verge on the left side of the road. The car was followed by a police car and

was seen to be weaving. Johnston was arrested and taken to the Central Police Station where he was certified by a doctor as unfit to drive.

Mr A. K. Grant, for the accused, said the weaving of the car was caused by a mechanical defect. Drink was a problem with Johnston and he had received hospital treatment for alcoholism.

“It was a good thing he was stopped when he was as he was driving to Christchurch,’’ the Magistrate said. "He is obviously a person who takes too much liquor.’’ Percival George Hawes, aged 60, a storeman-packer, was fined $lOO, was ordered to pay a medical fee of $6.30, and his driver’s licence was cancelled for three years on a charge of driving under the influence of drink or drugs on Riccarton Road. He pleaded guilty. Detective Sergeant McMeeking said that about 10.30 p.m. on February 15 Hawes was driving in Riccarton Road near Matipo Street in a line of vehicles when he was involved in a minor collision with a vehicle coming from the opposite direction. Hawes was certified by a doctor as unfit to drive. He had admitted having had about 12 beers since 4 p.m.

Mr G. T. Mahon, for the accused, said that between 4 p.m. and 9 p.m. Hawes and another person had drunk two flagons of beer. The traffic was heavy as a night trotting meeting had just finished. The minor collision was not Hawes's fault. A car going in the opposite direction had clipped his car, knock* ing off a hub-cap. He hftd been driving for 40 years and had only two previous traffic conviction.

Maurice Holmes, aged 40, a freezing worker, pleaded guilty to a charge of driving while under the influence of drink or drugs on February S. He was represented by Mr G. T. Mahon.

A traffic officer had seen the defendant driving erratically in Blenheim Road at 11.35 p.ni., said Detective Sergeant McMeeking. His car straddled the line dividing two lanes and made a left turn from the right-hand lane, causing another vehicle to brake. When spoken to by the traffic officer, the defendant was unsteady on his feet and his eyes were bloodshot. A blood test taken later showed a count of 205 milligrams of ■ alcohol per 100 millilitres of blood. Holmes was fined $lOO and disqualified from driving for three years. BURGLARY Reihana Tupe, aged 24, unemployed. was convicted and remanded to March 4 after he pleaded guilty to two charges of burglary of a flat at 193 Lincoln Road, occupied by Tony Tahai He ma.

Detective Sergeant McMeeking said that at 12.10 p.m. on February 21 detectives had seen the defendant acting in a suspicious manner outside the flat. Tupe was seen to go into the property and was found in a bedroom handling clothing. He had forced his shoulder against the back door. Tupe told the detectives that he was about to return to the North Island and had no clothes of his own. He said he had been evicted from the flat some months previously. He also admitted having entered the flat on February 19 when he had taken two eggs and some bacon which he had eaten there, because he had no money for food.

FOUGHT IN SQUARE Brian David Carey, aged 22, a barman, and Warner Adrian Baker, aged 30. a textile worker, pleaded guilty to a joint charge of fighting in Cathedral Square at 12.15 a.m. on Sunday. Detective Sergeant McMeeking said that Carey, who had scratches on his knuckles when the fight was stopped, explained that they were friends and were not fighting seriously. Baker, who had a cut lip, said it was a serious fight and they were not friends. They were each fined $l5. DANGEROUS DRIVING A man who overtook a double line of cars in Papanui Road and collided head-on with another car, injuring five persons in that car, himself and three of his passengers, was convicted and remanded on bail to March 4 for sentence. Brian John Raven, aged 30 (Mr R. P. Thompson), pleaded guilty to a charge of causing bodily injury to Irene M. Colville and others by driving in a dangerous manner. At 10.45 p.m. on November 16. Raven overtook a double line of cars moving away from the traffic lights at the Heaton Street intersection, said Detective Sergeant McMeeking. Raven said he could not remember anything just before the accident but that he had drunk a jug of beer earlier. The Magistrate disqualified Raven from driving for two years but said the period might be amended when he was sentenced. CHARGES ADMITTED Pleading guilty to charges of unlawfully taking a car and breaking and entering the office of Tyreways Car Sales, Ltd, on February 16, Bernard John Peter Jordan, aged 25, an unemployed labourer (M J. W. Dalmar), was convicted and remanded in custody to March 4 for sentence. Detective Sergeant McMeeking said the office of Tyreways Car Sales was entered by breaking a window. Keys for cars in the firm’s yard were taken and one was driven away. It was found three days later in Jordan’s possession. The registration plates of the car had been changed but Jordan denied being responsible for this. He said there had been other persons involved in the offence. 10c IN POCKET When a constable saw a youth sitting on the steps of the post office in Cathedral Square at 9.5 p.m. on Saturday, his attention was drawn by the heavy leather jacket the youth was wearing in spite of the warmth of the evening. Seeing the youth still there 40 minutes later, the constable questioned the youth and found he was out of work and had no place to •. sleep. He had only 10c in hjs possession. Marinas Joannes Bosman, aged 20, an unemployed show hand, pleaded guilty to a charge of being idle and disorderly in that he had insufficient means of support. Bosman told the Magistrate he would go to the Labour Department to seek a job later in the day. He was remanded on bail for sentence on March 3.

FOUND ON PREMISES Leonard Alfred Ford, aged 33, a driver, was convicted and ordered to pay Court cost* when he pleaded guilty to ?

charge of being unlawfully in an enclosed yard on February

Detective Sergeant McMeeking said the defendant worked at the premises, though he had no authority to be there at the time. He had climbed into a truck to sleep off the effects of alcohol. “I am sure there was nothing sinister in your actions and you will be dealt with lightly,’’ said the Magistrate. TRAFFIC CASES In traffic cases' brought by the police, convictions were entered and fines imposed as follows, with costs $5 in each case:— Carelessly used motor vehicle: John Bryen Rossiter, $l5 (failed to report damage, $25); David Sidney Bowman, $2O; Henricus Yarhadus Lambertus Steverink, $2O. Used motor vehicle without reasonable consideration: Kevin Smith, $lO and licence cancelled for one month. (Before Mr W. F. Brown, S.M.) REMANDED When a youth, whose name was suppressed, appeared for sentence on charges of obstructing Constable J. L. Christensen in the execution of his duty and of assaulting Ken Rex Stickings, the Magistrate said that he had not received the report from Sunnyside Hospital. The youth was remanded until today by another Magistrate after the case had been stood down by Mr Brown.

The youth also pleaded guilty to a charge of using obscene language. Sergeant R. G. Cook said that on February 6 a car had gone through a red light at the Majestic Theatre corner and had almost struck the car in which the youth was a passenger. The youth wound down the window of the car and used obscene language. “I have been informed that the accused was sentenced to Borstal training in the Children’s Court last Friday," the Magistrate said. "I sent the accused to Sunnyside Hospital

under section 37 of the Mental Health Act but no report has beei} received. “These proceedings were commenced in the Magistrate’s Court and at no time was there any suggestion that the accused be dealt with in the Children’s Court,’’ said the Magistrate, who made an order suppressing the youth’s name. The accused is aged 17. (Before Mr E. S. J. Crutch-ley, S.M.) CHARGE DISMISSED A charge against Norma June Hyslop, aged 38, a housewife, of stealing a purse and contents valued at $27, the property of Helen Elizabeth David-Goff at Hornby on October 25 was dismissed. She pleaded not guilty and was represented by Mr A. P. C. Tipping. (Before Mr K. H. J. Headifen, S.M.) DISMISSED A charge against Desmond James Hunt, aged 17, a labourer, of carelessly using a motor car on Ferry Road on November 25 was dismissed. He pleaded not guilty.