SEIZURE OF SUGAR

Evening Post, Volume CXXXVII, Issue 123, 26 May 1944, Page 6

SEIZURE OF SUGAR

DOOR BROKEN OPEN

AUTHORITY QUESTIONED

Four charges under the Rationing Emergency Regulations, 1942, were preferred against Saphis Gerondis, milk bar proprietor, before Mr. W. F. Stilwell, S.M., in the Magistrate's Court today. He pleaded guilty to one charge and not guilty to the other three, his counsel, Mr. R. E. Harding, submitting that the regulations did not cover them. After hearing evidence and the submissions of counsel the Magistrate said that he would give' the matter further consideration- before announcing his decision. Gerondis pleaded guilty to the charge that, with intent to deceive, he had failed to disclose in an application'to a. rationing, officer that he had sugar in stock. He pleaded not guilty to: charges of transferring the sugar from the Crystal Mills Bar, Petone, to the Crystal Cafeteria and Milk Bar, Lambton Quay, without the authority of a permit, granted by the Food Controller; of failing to permit an inspector" of the Department to, inspect his premises; and of obstructing the inspector. Gerondis had closed down his business at Petone in February and as he did not open his Wellington business until May 11, Mr. Harding submitted that at the date of the visit by the inspectors, May 1, he was not in busi~, ness. " He also submitted that the charges must fail as the regulations under which they were laid expressly applied to persons carrying on a business. . ■ , ;

■ R. J. Gregory, chief inspector of the Foodl Control Department, said in evidence that he called at Gerondis's premises on the morning of May 1. He interviewed Gerondis and asked to be admitted to a locked room, Gerondis replying that it was still in the hands of the builders and he had no key to it. He then went away to get a key. Gregory, in company with the chief investigating officer of the Department, Mr. Stewart, obtained a step-ladder and looked over the fanlight of the locked door and saw the sugar inside the room. They waited until 3.15 p.m. and then, in company with a constable, instructed a locksmith to force the door. They then seized the sugar.

Asked by Mr. Harding how long he had been an inspector, Gregory replied, "Since August." Before that he had been a sheep farmer at Pahiatua.

Witness agreed that the regulations applied only to a person who was carrying. on one or more businesses. "What steps did you take to ascertain if s Gerondis was still carrying on the business at Petone?" asked Mr. Harding. "I didn't take any," witness replied. He also agreed with Mr. Harding that it was obvious that Gerondis was not carrying on business at Wellington, as the builders were still at work. Mr. -Harding: You realise that if you broke the door down it was an aggravated form of trespass and made you liable to prosecution?—l suppose so. Mr. Harding: And also action for damages?—l suppose so. Mr. Harding also asked the witness if he knew that it was actionable to institute a prosecution without reasonable and proper cause, the witness replying that he did not know that. Witness also said that he did not I know of any regulations which gave him power to break down the door, and counsel submitted that there was no authority under the regulations to seize the sugarr "It does seem to me that the regulations want to be wider," commented the Magistrate. Senior Sergeant G. Paine,,who conducted the , prosecution, said. that Gerondis had sold his Petone business, and after coming to Wellington had made application to the Food Controller and had been. allocated four bags a month. The controller was under the impression that the business was to start on May 1. Actually it started on May 11. Mr. Harding said that Gerondis ber lieved he was entitled to save sugar from the amount allocated to him if he could. He submitted that the regulations under which the charges were laid were not applicable to Gerondis's case. Mr. Stilwell, in announcing his intention to consider the matter further, said he would also wait concerning the question of penalty in the charge to which the defendant had pleaded guilty.