PROSECUTIONS FOR THEFT

Dominion, Volume 16, Issue 35, 4 November 1922, Page 6

PROSECUTIONS FOR THEFT

does payment absolve LIABILITY? MAGISTRATE HAS DOUBTS ON THE POINT Whether an information concerning theft brought under a pnvate prosecution can .be withdrawn after restitution has been made was a point raised in a case which occupied the attention of Mr. F. K. Hunt, S.M., in the Magistrate’s Court yesterday. The case under review was that in which a middle-aged man, Samuel Crawford Rodgers, was charged with the theft] of £3, the property of tho Wellington Freezing Workers’ Union. Mr. O’Donovan, who appeared for accused, stated that restitution had been made, and applied for a withdrawal of the information. His Worship: I don’t know that I can allow that. . . The .secretary of the union said that it was not desired that the man be sent to gaol as the amount had been refunded. “Pifering of union funds,” he added, “is becoming common, and the union decided that prosecutions must be brought when necessary.” Mr. P. J. O’Regan, who appeared for the prosecution, said that accused had received a comparatively small sum for which hp had failed to account. Restitution had been made, and he had been instructed to apply for a withdrawal of the information. . . His Worship: Is the.criminal court, then, to be used for debt collecting purposes Mr. O’Regan: That is one way of putting it, sir. His Worship: Then if a man commits an offence and has friends who are ready to find the money, he gets out of it, but if he has no friends the prosecution proceeds? Mr. O’Regan: It seems so . . . The secretary was moved by human sympathy, and I must plead guilty to being prompted by something like that myself. •, . His Worship: I think I have a duty to the country, and-I’m not inclined to grant the application. . Mr.. O’Domvan mentioned that his client had a good defence. His Worship intimatgd his intention of adjourning the case until to-day, in order that the police might institute some inquiries. Mr. O’Regan said that there were ten witnesses to be subpoenaed, and that considerable expense would be entailed as a change of venue to Palmerston North would be necessary. At a recent conference of the union it had been resolved to prosecute for embezzlement, and the secretar- had been obliged to give effect to this decision. -His Worship: I’ll get a report from the police. Remanded until to-morrow morning.”