CAR DEALER FOUND GUILTY ON CHARGES OF THEFT

Gisborne Herald, Volume LXXVI, Issue 22868, 11 February 1949, Page 3

CAR DEALER FOUND GUILTY ON CHARGES OF THEFT

(P.A.) CHRISTCHURCH, Feb. 11. Baden James McEwan, aged 40, a motor car dealer, of Ashburton, pleaded not guilty in the Supreme Court yesterday to seven charges of fraudulently omitting to account to clients for sums of money from the sales of carsfi thereby committing theft, and not guilty to a charge that, having received a motor car for sale, he fraudulently converted it to his own use, thereby committing theft. The total amount involved was more than £BOO. The jury returned a verdict of guilty on all counts and Mr. Justice Northcroft remanded McEwen for sentence.

Money Not Accounted For The Crown prosecutor, Sir Arthur Donnelly, said the cases were quite simple and easy to understand. The accused was a car dealer in a fair way of business, and he had the handling of a large number of cars. In each instance he received a car for sale on commission. In seven of the charges it was alleged that he sold the car. got the money paid into his own own banking account and did not account for the money to his clients at all. fn the eighth case, it was alleged that the accused kept the car. In an interview with the police, the accused admitted receiving cars, selling them, receiving money and failing to pay the proceeds, except for one or two small sums, to the owners. That, in law, was theft. After the Crown witnesses were herad, Mr. L. A. Charles, for the defence, submitted that the accused might have been unbusinesslike, but that did not mean he was deliberately fraudulent. After a retirement of half an hour, the jury found McEwen guilty on all counts. Formerly in Police Force Mr. Charles, addressing the court in mitigation of the penalty, said that McEwen had an unimpeachable record. He had been a member of the police force but letf on his own accord in 1946. He had invested his life savings in a business at Ashburton and started buying cars outright. After paying heavy bills for repairs, he decided to do his own work. From taht time his difficulties began. There was nothing to suggest that he had set out on a deliberate campaign of fraud. A fire in his garage was disastrous for him for because of a defect in the policy the insurance company would not pay out. Finally, he had to file in bankruptcy.