EX-COUNCILLOR FINED

Dominion, Volume 27, Issue 69, 14 December 1933, Page 2

EX-COUNCILLOR FINED

Charges Under Municipal Act -i 1 Charges under the Municipal Corporations Act involving a former Upper Hutt councillor were preferred against Amos Howell in the Upper Hutt Police Court yesterday, A charge of voting at a council meeting on a matter in which he had a pecuniary interest wa? dismissed, but on a charge of attending a meeting of the borough council when incapacitated as a councillor he was convicted and fined £3 and costs by Mr. J. S. Barton, S.M. Three other charges similar to the latter were also preferred, but these were withdrawn. .

The' prosecution was, conducted byMr. C. Evans-Scott, and defendant was represented by Mr. A. J. Mazengarb. Mr. Mazengarb explained that although four charges of attending the meeting when incapacitated were laid, the prosecution had agreed to withdraw three, leaving the charge relating to December 11, 1931. Mr. Evans-Scott said that defendant was elected in the May elections of tiffs year to the council, and for the pefioij/ from March 4 to June 29 certain blacksmith’s work was carried out at the shop of which defendant was proprietor. The account for the work was made out in the name of his employee, Johnson, and. was passed at the meeting of the council on July 7. Defendant was shown in the minutes as being present, and there was no record that he left the meeting or refrained, from, voting.

Norah Courtney, a clerk in the Upper Hutt Borough Council for five years, produced the minutes of the meeting showing the account passed for payment in the name of Johnson. To Mr. Mazengarb she said that the property at the blacksmith’s shop belonged to Mrs. Howell. Only if a councillor dissented was his name noted in the minutes. Thomas Harold Johnson, blacksmith, said he was employed by Howell. The work on the voucher was done by him, and any portion he received was his equivalent in wages. Detective W. McLennan said that when he interviewed defendant, he admitted having asked Johnson to put in quotes to the council under his name. Defendant further admitted that the shop was in his name and that there were no shareholders. George S. Bates and Wilfred Fortune, members of the council, gave evidence that defendant was' present when the account was passed for payment.

Mr. Mazengarb submitted that there was no evidence before the court to prove that defendant voted on the matter, ahd called witnesses to prove his assertion.

Angus John McCurdy, mayor of Upper Hutt, said he had closed the meeting on July 7, but the town clerk reminded him that the accounts had not been passed, This was accordingly done, but defendant bad left the meeting. John Purvis, member of the council, also gave evidence that defendant had left the meeting when the accounts were passed for payment. The magistrate observed that he had doubts on the matter, but defendant *was entitled to the benefit of the doubt.

Referring to the question of penalty on the second charge, Mr. Mazengarb .submitted that defendant hud not used his position of the council to favour himself. The sharpening of relief workers’ tools' was spread among the blacksmiths in the district, and they took their tools to the nearpsi shop. Mr. Evans-Scott pointed out that the matter of keeping the borough administration throughout the Dominion clean was of a serious nature, and the legislation was formed for that purpose.