Fitzgerald sent for trial

Press, 24 September 1980, Page 2

Fitzgerald sent for trial

PA Wellington James Maurice Fitzgerald was yesterday committed to the High Court for trial next month on a charge of making a false declaration relating to an application for a loan from the Marginal Lands Board.

Fitzgerald, aged 42, of Wellington, was committed after a depositions hearing in the District Court , before Messrs J. N. Walters and R. W. Clevely, Justices of the Peace Fitzgerald, who elected trial by jury, pleaded not guilty. H e was remanded on renewed bail of $5OO. The charge alleges that Fitzgerald did not list all assets held bv himself and his wife, Audrey, when he made . the statutory declarat:on when applying for the loan.

Detective Senior-Sergeant H. M. V. Burgess said that he had interviewed Fitzgerald on September 1 aftei Mr N. S. Coad, the DirectorGeneral of Lands, had made a complaint to the police. The accused had said that he was a farmer and that he had worked on his father’s farm for a year before taking up an apprenticeship as a motor mechanic. After completing his apprenticeship he had started business as a real-estate agent.

He had purchased Long Gully in , June, 1979. The purchase price had been $79,000. General Finance had left in $40,000 and the Fitzgeralds’ contribution had been $39,000.

Fitzgerald had said that he had bought the property because he thought they could

make a good farm of it. It was being wasted and was run down. He had said that he alsc held bonus borids which were commited to fencing.

Asked why the Marginal Lands Board application, which was in both his and his wife’s names, was no* signed by his wife, he had said, “I would not have a clue.”

Asked who had prepared the form, he had said, “It is Audrey’s typing.” Asked whether it was his intention that the Marginal Lands Board should act on the application and eventually grant a loan, he had replied, “I presumed they would have to ask a lot more questions.” Fitzgerald had said there were many things on the form that they could nol answer.

Fitzgerald had said that he did not know how thev had got to the. Marginal Lands Board. Witness had asked the accused to list assets owned by his wife and himself as at September 7, 1976. Fitzgerald had said that he owned Weld Street and Wadestown Road, that they jointly owned Long Gully, and that his wife owned Easdale Street, Central Terrace, and Manly Street. He had said that he though' Manly Street had been set aside for the Crippled Children Society.

Witness had asked the accused how he became aware of the existence of the Marginal Lands Board and Fitzgerald had replied, “I cannot remember. It could have been the Minister of Agri-

culture and Fisheries or the Rural Bank.” Witness? said that he had told the accused, “You have failed to list interest ir Manly Street and the Village complex, Hiropi Street. Why have these properties not been included?”

The accused had replied “Manly Street was already committed to the Crippled Children Society. I had made arrangements to sell Hiropi Street to John Parker, whe works for the Dairy Fitzgerald had said that $5695 oh term deposit with the Bank of New Zealand belonged to Security Dealers for a furniture deal. Asked whether there were any other assets or liabilities not included, the accused had said, “No. We have not included our life policies.” The accused bad said that he did not think Manly Street was relevant. “It was vested in the Crippled Children Society and we did not want everyone to know about the arrangement in our will for the society.” Witness said he had asked the accused, “Do you think you have acted in a proper way to them in not disclosing your true asset position?”

Fitzgerald had replied. “Yes. I have never thought differently.” Witness said that he had later attended a solicitor’s office where he had viewed Mrs Fitzgerald’s will.- It said that in the event of the accused predeceasing her, her interest in Manly Street was to go to the Crippled Children Society.