Two guilty of fraud conspiracy

Press, 27 February 1986, Page 19

Two guilty of fraud conspiracy

A jury that deliberated for 8 hours, until the early hours of yesterday, found two men guilty, and one not guilty, of involve-

meat in a vehicle insurance fraud conspiracy last year. The three men, including a father and son, were

jointly charged that between August 1 and September 23 they conspired by deceit to defraud the Commercial Union General Insurance Company by arranging the taking of a Holden utility vehicle to obtain payment on a fraudulent claim from the company for insurance. The trial, before Judge Sheehan and a jury, in the District Court, continued for 41/2 days. The jury found James Christopher Tawhara, aged 38, a road-sealing contractor (Mr P. J. Rutledge), not guilty of involvement in the conspiracy and he was discharged.

The two who were found guilty are Shane Michael Tawhara, aged 18, a road-sealing worker (Mr P. D. Woolley), and Michael William Retallick, aged 20, a clothing cutter (Miss K. G. Feltham). They were' remanded on bail to March 12 for sentence.

The Crown, represented by Mr D. J. L. Saunders, had alleged that the three had conspired in a plan under which it was arranged that James Tawhara’s utility vehicle be "stolen”’ from the yard of his home by Retallick and another man and be cut up in a garage and parts salvaged, and that

James Tawhara claim on the insurance company for its loss.

The plan was alleged to have been entered into principally by James Tawhara and Retallick, with Shane Tawhara a gobetween.

The vehicle was being cut up in a private garage ;by Retallick and another man when Retallick accidentally set fire to petrol with a gas-cutting torch. The Fire Service . was called by a neighbour and the police informed.

James Tawhara denied conspiring with Retallick for Retallick to steal his vehicle, and Shane

Tawhara said he knew of no conversation, alleged by Retallick, of an arrangement for the utility to be stolen. He said he had never heard of any conspiracy to defraud an insurance company.

Retallick’s evidence was that Shane Tawhara had told him that his father was interested in getting a “job” done on his vehicle. Later, James Tawhara made arrangements with him to steal the vehicle. Retallick said he was interested only in obtaining parts and did not know of until later, and was not involved in, the insurance matter.