PENSIONER’S FALSE DECLARATION

Dominion, Volume 18, Issue 97, 19 January 1924, Page 8

PENSIONER’S FALSE DECLARATION

EETURNED SOLDIER BEFORE COURT FIRST CASE UNDER THE ACT An attempt to induce the Pensions Department to grant an economic pension, in accordance with a false declaration Regarding the applicant s weekly earnings, was followed J>y the appearance in the Magistrate’s Court yesterday of a watersider named Henry Keogh. This was the first prosecution of its kind under the 1915 Act. The charge, explained Chief-Detec-tive Kemp, was laid under section 20 (d) of the War Pensions Act. 1915, which made provision for a fine of £lOO or 12 months’ imprisonment. Defendant was a single man, 57 years of age, an dhe was discharged from the Expeditionary Force on July 19, 1918, on which date he was granted s. temporary war pension, which, on November 1, 1921, was superseded by a permanent war pension of 15s. per week, allowed under the 1915 Act. In August, 1923, the War Pensions Amendment Act was passed, and this empowered the Pensions Board to grant an “economic pension” up to £1 10s. per week over and above the permanent pension already granted. It was, however, available only to those members who were, unable to earn, a living or to pensioners who could not obtain light employment. A False Declaration. On September. 26 last defendant made a declaration before Mr. K. Brown, J.P., that his average weekly earnings were only £1 55., and made no mention of his being employed on the waterfront. But from August 3, 1922, to July 11, 1923, his total earnings from that 'source were £l9l 2s. 6d. —an average weekly wage of £4 Is. 3d.; and from August 8, 1923, until September 20, 1923, the date of the declaration, his aggregate earnings had been £3l 15s. 4d., or £3 17s. Id. per week. “He stated in the declaration,” proceeded the Chief-Detective, “that lie had no present employer, yet ho had. been working steadily on the waterfront for a period of fourteen months, and earning good money during that time. The very day ho made the declaration he earned 11s. Bd. on the wharf. There is not the slightest doubt that defendant made the declaration for the purpose of inducing the War Pensions Board to grant him an econon.c pension over and above the pension he was already drawing.” 1 - A Wounded Soldier. ■' Mr. W. E. Leicester, who appeared for defendant, entered a plea of guilty. Counsel stated that although it was customary between Bench and Bar to i refrain from referenda to war service, the present circumstances justified the mention that his client had served in Egypt and France,, that he had been wounded at Messines,. was buried through an explosion at Polygon Wood, and had sustained injuries to bis head and back, in addition to shellshock. For six months following his discharge in July, 1918, he was under the doctor, and during 1919, 1920, and 1.921, he was earning a little at casual employment. He certainly earned more last year. “Inflamed with Drink.” ' On the day defendant made the declaration he bad been drinking and, inflamed with liquor, he had visited the office in the belief that he would obtain the pension for the mere making of a declaration; His eyesight was defective, he had not read the form clearly, and he had gained the impression that he was required to compute his average earnings since the date of his discharge. They actually did not reach £1 ss. Further confusion had arisen over the name of the employer, as defendant, working on the waterfront, did not recognise any" one 7 - head. “While deploring the fact' that an attempt was unwittingly made to defraud the Department,” added counsel', “I think there were mitigating circumstances, and I would suggest that .the case would be met if he were convicted and ordered to come up for sentence. He is still suffering from injuries and will not be able to work much longer. He cannot pay a fine.” The chief-detective mentioned that when interviewed defendant said that ' a friend named Kelly, from the seamen’s mission,'had drawn the form up for him. * His Worship: I thought it was not drawn up by the Pensions Department, who are, I have found, extremely careful in these matters. Chief-detective Kemp declared that thle military x medical history of defendant showed that he had no injuries, and had been discharged through old age. “The case is the first of its kind under the Act,” added the officer, “and is brought as a warning.” •Thfo Magistrate remarked that it was difficult to know what to do with a man who made a false, declaration with the deliberate intention of obtaining something, to which he was not entitled. Had it not been for the thoroughness of th'e Officers of the Department the Government might have been seriously imnosed upon. Defendant was convicted and ordered to come up for sentence if called upon in six 1 months. “That leaves the matter open,” observed His Worship. SIMILAR CASE AT AUCKLAND A MONTH’S' IMPRISONMENT INFLICTED. Bt Telegraph—Press Association. Auckland, January 18. At the Police, Court to-day, Thomae Savage was sentenced by Mr. Poynton, S.M.,' to one month's imprisonment for false pretences. Defendant, who was drawing an economic war pension, had declared that he was earning £1 a week, whereas his earnings were £4 4s. 3d. per week. i > •