MILKMAN ACQUITTED

Dominion, Volume 28, Issue 255, 25 July 1935, Page 7

MILKMAN ACQUITTED

Charges of Receiving

Petrol

Pleading not guilty to two charges of receiving petrol from the Atlantic Oil Company’s stores at Kaiwarra knowing it to have been dishonestly obtained, a Wellington milkman, Charles Horace Boncey was acquitted in the Magistrate’s Court yesterday. . The allegations covered a period in 1934 concerning which on a previous appearance in the court Boncey had been charged with receiving 260 gallons of petrol. On that occasion the charge was “dismissed without prejudice." The charges brought yesterday were of receiving from Charles Leonard Key, nightwatchman at the oil stores, four gallons valued at. 6/- on February 4, 1934, and 10 gallons valued at 15/-. on March 25. 1934.

A preliminary point to the effect that the accused had already been brought before a magistrate (Mr. J. G. L. Hewitt), who had had no jurisdiction to dismiss the case “without prejudice,” was submitted by accused's counsel, Mr. G. Neal. He said the verdict was equivalent to one of not guilty. The only jurisdiction was to convict or acquit, and it was provided that no person should be tried or punished for the same offence twice. This was a plea known as "autrefois acquit.” Mr. E. D. Mosley, S.M., said he thought the magistrate had had ample jurisdiction. After hearing, evidence brought by the police he commented that Key had admitted receiving from Boncey 1/and 1/3 a gallon for the petrol, and Boncey had stated that he had paid for all the petrol he received and had thought he was buying it legally at a reduced rate. There was a curious absence of evidence against accused that would lead one to belieye that he knew the petrol was being stolen by Key. There was a suspicion, but one must have more than that. The petrol stated to have been supplied was rusty and mixed, and the amounts paid for it would have been adequate.