Electronics engineer to face retrial

Press, 12 July 1988, Page 35

Electronics engineer to face retrial

PA Auckland The trial of an electronics engineer charged with stealing secret electronic components from his former employer ended with the jury failing to reach a verdict. The jury, discharged by Judge Graham, deliberated for more than six hours in the District Court trial at Auckland of Kenneth Anthony Moreau, aged 52, of Campbells Bay. Judge Graham ordered a retrial for Moreau, who had been charged with stealing the components and related documents from Hydrox Corporation New Zealand, Ltd, a North Shore company. The company claimed loss of the components could have cost it a multi-million-dollar technological lead in production of hydrogen and oxygen gases in industrial quantities.

Moreau admitted trying to send the components to Hydrox New Zealand’s joint-venture partner in Korea, but denied stealing them.

He said Hydrox Korea had a right to the technology under terms of the joint-venture agreement, but the New Zealand company had withheld this to try to gain control of the Korean company.

The Crown alleged that Moreau, formerly head of the New Zealand company’s research and de-

velopment team, had stolen the components for his own benefit. The Court was told that police arrested Moreau at Auckland Airport on December 1 as he waited for a flight to Korea through Japan. He had resigned from the company the day before, telling colleagues he intended to visit his sick mother in the United States.

A consignment note found in Moreau’s possession led police to an unaccompanied case containing components and addressed to Korea.

Judge Graham told the jury the legal definition of theft included the premise that something could only be stolen if it were proved it was taken without "colour of right.” If the jury felt Moreau had an honest belief that what he had done was right, he should not be found guilty, even though his actions may have been illegal, the Judge said. The jury retired at 11.30 a.m. and returned at 4.30 p.m. with a request for further clarification of the legal definition of theft.

Evidence regarding payments made . to Moreau by the Korean firm was reheard. When no decision had been made by 6.45 p.m., Judge Graham discharged the jury and ordered a retrial.