HALF-HOUR'S GRACE

Evening Post, Volume CXXIX, Issue 34, 9 February 1940, Page 9

HALF-HOUR'S GRACE

MISSING DEFENDANT

MAGISTRATE DEMANDS ATTENDANCE

A defendant who failed to appear in the Magistrate's Court today to answer a charge of a breach of the Oil Fuel Regulations was given half an hour in which to reach the Court, the Magistrate, Mr. J. L. Stout, S.M., remarking that a Supreme Court Judge had yesterday had reason to draw attention- to the non-appearance of a defendant arid his counsel in the Supreme Court when a case was called.

The defendant in the case today was Norman Francis Aberhart, a service station proprietor, and when he failed to respond to his name, the Magistrate said that he would have to appear.

Counsel for Aberhart, Mr. A. J. West-Walker, said that his client was electing summary jurisdiction, and was pleading guilty. The Magistrate again stated that he could not proceed in the defendant's absence, and counsel suggested that the, case should be stood down until the afternoon.

"I don't see why we should stand it down," said the Magistrate. "You have to have your client here. I will give you half an hour, to get him here, otherwise you will have to pay the COStSi": ■;.■■..!■

When the Court resumed at the end of half an hour Aberhart was present, and pleaded ■ .guilty. Sub-Inspector E. T. C. Turner said that an inspection of the defendant's service station was carried out during November, and it was disclosed that there was a deficiency of 181 gallons, for which the defendant had not accounted. At the:end of the month the deficiency amounted to 110 gallons. Counsel submitted that the breach was of a technical nature, and stressed the fact that the defendant was one of those service station proprietors who had suddenly undertaken duties amounting practically to those of an accountant without having had previous qualifications and training. The Magistrate concurred with this view. "This is a sudden duty imposed by the Government owing to the war," he said, "and it may take some time for garages to get machinery ready to deal with the matter." A fine of £2 and costs was imposed. ANOTHER PROPRIETOR FINED. Matthew Ellis, a service station proprietor, for whom Mr. J. D. Willis j appeared, faced three charges of breaches of the regulations, one being in regard to disposal of fuel, and the other two in regard to the supply of schedules. A fine of £2 and costs was imposed on the first charge, and £1 and costs on the other two. . j Sub-Inspector Turner said that an inspection disclosed a shortage of 40 ga!lons. The other two charges referred to. the defendant's failure to supply returns on time. Mr. Willis submitted that the two latter charges were trivial, and no irregularity was suggested in actual sales. The shortage disclosed was not great, and actually at the end of the month the defendant's sales balanced exactly. The police agreed with this statement.