CASE DISMISSED

Franklin Times, Volume XXXI, Issue 45, 22 April 1942, Page 3

CASE DISMISSED

OIL FUEL BREACH ALLEGED

“NOTHING SINISTER ABOUT IT”

MAGISTRATE'S COMMENT

A breach of tiie Oil Fuel Emergency Regulations was alleged against Samuel Black, of Tuakau, at the Pukekolie Police Court last week, before Mr F. 11. Levien, S.M. Defendant was. charged that at Tuakau on divers dates between November 1 and 15, 1941, with having purchased oil fuel under a consumer’s license, he did use 10 gallons of that fuel otherwise than for the purpose or respective purposes set out in his application. Defendant, pleaded not guilty. Sergeant T. Kelly said he had occasion to interview defendant during January with respect to petrol, and iie discovered that benzine had been used for purposes other than that stipulated on the license. Defendant had been quite frank and said'he had nothing to hide. The 10 gallons of petrol had been obtained by defendant for use in his own launch hut when lie got to the launch he found it out of order. Another, launch owner, one Tuhimata, offered defendant the use of his launch if he found the petrol. The offer was accepted and Black emptied the 10 gallons into Tuhimata’s launch. He accompanied Tuhimata on the trip which was made for the purpose of purchasing whitebait.

Constable C. Robb said defendant’s launch was broken down and he put the benzine into another launch and went on his mission to collect whitebait, Black being a buyer of whitebait on the river.

The Magistrate: If that is the situation there is nothing very sinister about it. Suppose, for instance, defendant was some miles down the river and his launch broke down, is he not entitled to syphon benzine from his own launch into another launch to be towed home?

Sergeant Kelly: Necessity knows no bounds. It is not a serious case. Defendant said the facts were as stated. In doing what he did he had no idea that he was doing any harm. Further, on the day in question he was not too- well and did not feel capable of handling his own launch which was out of order.

The Magistrate said if appeared to he a case that if a conviction was entered it might have a serious effect on defendant’s future license. There was nothing sinister about it. The case was dismissed on the payment of lOs costs.