FALSE DECLARATION

Evening Post, Volume CXVI, Issue 34, 9 August 1933, Page 12

FALSE DECLARATION

LOSS OF A MOTOR-TRUCK

MAN FINED £50

(By Telegraph.—Press Association.) NAPIER, August 8. The trial of Edward Habgood, on charges of making a false declaration and, with intent of defraud, attempting to obtain from the Eoyal Insurance Co. the sum of £150 by false pretence, was completed in the Supreme Court today before Mr. Justice Blair. The jury found Habgood guilty on the charge of making a false declaration, and not guilty on the other count, and added a recommendation for mercy on account of the manner in which his statement was elicited. His Honour imposed a fine of £50, in default six months' imprisonment. He added that the penalty was not to take effect until the decision of the Appeal Court had been received on a question of law reserved by him. The point of law referred to was raised during yesterday's proceedings by Mr. Barnard, counsel for the accused, who submitted that the wording of part of the declaration was such as to convert, the subject matter more into tho nature of an oath, thereby taking it out of the category of the Justices of Peace Act. For his authority counsel relied on tho case Rex v. Haynes. If the court came to the conclusion that the form signed was not a declaration, counsel submitted that the present proceedings were not justified. The case arose out of the destruction of a motor-truck between Wairoa and Waihua.