SOLICITOR & LAW SOCIETY

Greymouth Evening Star, 29 June 1932, Page 10

SOLICITOR & LAW SOCIETY

APPLICATION OPPOSED. [PER PRESS ASSOCIATION ] WELLINGTON, June 28. The Court of Appeal is hearing the application of the New Zealand Law Society for an order striking Walter Ernest Dunningham,' of Auckland, off the rolls of solicitors of the Dominion. - Counsel for the Society contended that the practitioner had been guilty of misconduct in failing to disclose to the State Advances Department, for whom he acted, the fact that false declarations had been made for the purpose of obtaining loans and in obtaining the execution of a declaration of trust (which was not bona fide, and was not intended to be acted upon)- in order to procure a State Advances loan for a person' who owned land other than that offered as Security-

Counsel for the practitioner submitted that over three years had elapsed since the transactions were effected, and the statements of casual parties could not be accepted without qualification. The practitioner denied that he had been a party to any of the. misstatements alleged against him. Counsel further submitted that the practitioner could not have procured the signing of the first allegedly .false declaration, as the applicant for the State Advances loan showed, by his evidence, that he intended to live on the land at the time that the declaration was made. The applicant admittedly was afraid that he himself would be prosecuted for making a false declaration, and having committed him self by giving a mis-statement to a detective, in which he denied any knowledge of the contents of the false declaration, he was unable to depart from this denial subsequently. Furthermore, if the allegations of misconduct were based upon statements said to have been overheard by two detectives, then the allegations must necessarily fail. Although there were two statements produced by the detectives in the criminal proceedings, and sworn to as being verbatim reports. of a discussion between Dunningham and the applicant, they could not be- accepted as such, as they were both written in the best police force handwriting (although one of the two detectives could not even take down slow dictation in long hand at the trial) and they were practically word for word the same. Counsel submitted that the statements, despite the evidence of the detectives on rhe contrary had clearly been written up partially from memory, and partially by corroboration.

The Court adjourned until to-mor row. DECISION RESERVED. WELLINGTON, June 29. The Appeal Court to-day continued the hearing of the case Law Society versus Dunningham. Counsel for the practitioner submitted that two declarations of trust preferred by Dunningham were prepared in accordance with instructions received from a client, and that if the declarations had been in favour of an adult, no objection could have been raised. The practitioner had acted in a, perfectly bona fide manner, although ho had. showed the extreme inexperience of youth. The transactions, as a whole, showed that there was absolutely no motive for gain in the misconduct alleged against the practitioner, and .that neither he nor any of his relations had any interest whatsoever in the lands offered as security for loans. After hearing counsel for the Law Society, the Court reserved its decision.