BALLOT CARDS CASE

Grey River Argus, 25 February 1942, Page 5

BALLOT CARDS CASE

FIVE MEN SENTENCED Two Lodging Appeals <PA WELLINGTON. February-24. a’ series of charges of manipulation of Ballot cards to prevent reservists being called up m ballots, and of bribery by rfi s e ovists to enable them to escape being called up HU the final ballot, culminated m thl Magistrate’s Court to-day when two further charges of bribery were heard bv Mr. Stout, S.M. Henry Joseph August Berthold, clerk in the National Service Department, who had pleaded guilty to seven charges of manipulating ba lot cards, was sentenced to> thre months’ hard labour on the first four charges, and convicted and disenarg ed on the other three charges. On bribery charges, three accused were sentenced to three months hard labour, and one to one mourn. The Magistrate, in passing sentence, said the offences committed were likely to destroy confidence in thimpartiality of the ballot, and he had to see that punishments inflicted should be both a deterrent to others, as well as a suitable corrective to those who had been found o-uiltv. The first case heard tb-day was against Frank Brendon Diedench, Commission Agent, who was charged that on June 30, 1940, at Wellington, he offered, a' bribe to Berthold. He pleaded not guilty. Berthold was called as chief witness for tm> Crown. He repudiated a statement he had made to the police. On the application of the Prosecutor he was declared a hostile witness. Witness said he had borrowed sums from Diederich at different times, and also had had betting transactions with him. The accused had refused to have anything to do wi»h suggestions made to him by witness to nave his card withdrawn from the regLstcr. x After hearing - the evidence, the Magistrate agreed that the case should be dismissed, though there was grave suspicion. Berthold had pleaded guilty to having removed Diedench’s ballot card from the register. The next case was against Edgar Hugh Sharp, photographer, Hamilton, who pleaded guilty to a charge that, at Wellington on June 23, 1941, he wilfully attempted to deceive the Director of National Service with intent to procure his own exclusion from service as a member of the Reserve. Counsel for accused sa'id Sharp had enlisted with the Air Force early in 1940, but had been classed C 3. He then attempted to join the Army, but again was classed unfit for Overseas service Sharp then considered that it would be better for him to remain at his civil occupation than to be employed in a menial position with the armed forces, and he sent £l5 to have his card withdrawn from the ballot. Before imposing sentence, the Magistrate said it would be admitted that the offences committed were likely to destroy public confidence in the impartiality of the ballot. The ballot system was, so far as it could be made so, a water-tight system so long only as those in charge were honest ‘and above reproach. But no system which, of necessity, must employ a' large staff could guard against fraud or criminality on the part of members of such staff. Further, it was the bounden duty of those approached by Berthold, as patriotic and good citizens, to have immediately informed the responsible authorities, and in not doing so they had. whether committed or not, rendered possible his nefarious plans. John Lamont Howard, on two charges of bribery and one charge of failing to report for service, was sentenced to three months’ hard labour on the bribery charges, and convicted and discharged on the other charge. Hubert Edward Howard, on a charge of bribery, was sentenced to three months’ hard labour, and a similar sentence was passed upon Francis Joseph Dwyer, hotel manager, Wellington, on a similar charge. Edgar Hugh Sharp was sentenced to one month’s hard labour on the charge of bribery. Applications were made for leave to appeal on behalf of Hubert Edward Howard and Francis Joseph Dwyer. Both applications were granted by the Magistrate, the fee being fixed at ten guineas.