SUSTENANCE FRAUDS

Evening Post, Volume CXXIV, Issue 15, 17 July 1937, Page 15

SUSTENANCE FRAUDS

MAGISTRATE'S COMMENTS

. (By Telegraph—Press Association.).' ■ ' ■ :" AUCKLAND, July 16. ..The..view that.it'was the duty of the Labour Department to prosecute in every case where it was satisfied that. a man on sustenance had deliberately made a false declaration to obtain benefit to which he was not entitled under the Employment Promotion Fund, was expressed by Mr. C. E. OrrWalker, S.M., in the Magistrate's Court when a further ten offenders were fined. "•.•'•'There'; are ■many cases" throughout New'Zealand^where/'hardships. -shave beeri:invblved; 'where'-the Department has made arrangements with offenders to repay sums dishonestly obtained without taking them to court," said Mr. A. T. Grandison, district employment officer of the Department, when prosecuting Joseph Fletcher Nicoll on a charge of making a false statement. Investigations sometimes disclose special circumstances :,which warrant some lßiiie^Ey^^eing^exteM.pd to an offender. This.- wa'i?one sueli c3se. Illness ill the■'■ defendant's family 'fiad aggravated the hardshJps^of : 'liyings*>n relief pay, and doubtless: "ihcreaseid ;1 the temptation for the'defendant to augment his' income by making a'ialse declaration. The circumstances caused the Department to defer court action and give tha offender an opportunity of -refunding by reasonable instalments, but only, two payments were made.. : "The Department considers that if. it were now: denied the power to exercise the, right of processes previously withheld' it would be forced to refuse consideration in many cases Similar to this ■\yher.e severe hardship would warrant deferring legal action," Mr. Grandison added.: ; ■,•■■■.■

"The, ~ Department should, not differentiate ' just because it 'thinks a man's domestic affairs are hard," said the Magistrate. :- "In matters such'as that before -the Court virtual theft is involved, and Offender's should be prosecuted.' The Court should be allowed to. decide the .matter-of penalty."

Nicoll was fined £5 an/I costs 10s,