Detective questioned man about $3000 hotel bill

Press, 24 August 1988, Page 15

Detective questioned man about $3000 hotel bill

Questioned by a detective in Auckland about a $3OOO bill he had run up at the Park Hotel in Christchurch and then left without paying, a man said that that was rubbish because it was a civil matter as the debt was disputed, Judge Fraser and a jury were told in the District Court yesterday. The trial of a man and woman on a series of fraud charges will continue today. Brent James Burbery, aged 25, who described himself as a share trader, and Tracey Teresa Knox, aged 25, unemployed, had denied eight joint chages of using cheques totalling $26,850 to obtain a financial advantage. Burbery has also pleaded not guilty to three charges of using withdrawal vouchers, totalling $B7OO, to obtain financiaal advantages, and to a charge of obtaining credit by fraud for accommodation at the Quality Inn in Auckland.

Late yesterday afternoon, after the completion of the Crown case, the Judge advised jurors that for “technical and legal reasons” he held there was no case for Burbery to answer to the charge of obtaining credit by fraud from the Park Hotel, Christchurch. This charge was withdrawn from the jury’s consideration. Knox has denied eight charges of using cheques amounting to $20,500 to obtain a financial advantage. Detective Sergeant John Patrick Flannagan, of the Auckland C. 1.8., said that on June 15 he went to the Earls Court Motel in Parnell. He went to room 24 where he took possession of a number of documents in the names of both accused. . At 4 p.m. that day he spoke to Burbery and told him that there had been a complaint from the Quality Inn in Parnell that he had obtained credit by fraud.

Burbery replied that was not correct. He said he had booked out earlier than he jiad intended because of' the attitude of the staff. The sum of $2OO had been paid on account, and he had told the receptionist that he would pay the rest later. Burbery was told that a complaint had been received by the Christchurch C. 1.8. that Burbery had “shot through,” leaving an unpaid account for $3OOO at the Park Hotel. Burbery had said that that was “complete rubbish” as it was a civil matter, because that account was to be disputed. He had been staying at the Park Hotel on and off for four months. When Burbery was arrested on a charge of obtaining credit by fraud from the Park Hotel, he asked for permission to telephone the hotel, but that was refused. He was told that a detective would be arriving

from Christchurch the following morning. To Mr David Holderness, who appears for Burbery, Detective Flannagan said that when he went to the Earls Court Motel he wanted to speak to both accused. He did not have a warrant to take documents from room 24. Witness said that he was not aware that Burbery had left luggage behind at the Quality Inn, nor that he had said that , he would pay the account on June 16. Burbery was arrested the day before and gave his address as Rossall Street, Christchurch. Mr C. M. Ruane, for Knox, said the defence case was that Knox had not acted dishonestly in making the various transactions. She had owed money to Burbery, who wanted it repaid. She had made arrangements for. money, borrowed from her mother, to be deposited into her account.

For various reasons, the money was not paid in, but Knox was not made aware of this until May 25 last year, when she received mail from Christchurch while she was staying in Auckland. Knox knew the funds were becoming available from her mother, initially in May. At the time she wrote some of the first cheques she knew she might not have sufficient funds in her account to meet these, but knew she would be able to present the cheques again. What she did was exactly what many businessmen did as a matter of practice — wrote out cheques, then made arrangements to put the money into the account a day or two later, Mr Ruane said. Knox was still giving evidence when the hearing was adjourned until today. Mr R. E. Neave and Mr J. C. S. Sandston appear for the Crown.