MAGISTRATE’S COURT

Grey River Argus, 10 June 1943, Page 8

MAGISTRATE’S COURT

GREYMOUTH SITTING Two cases of unlawful conversion were heard before Mr G. G. Chisholm, S.M. at the Magistrate’s Court at Greymouth yesterday morning. Sergeant R'. C. Mcßobie conducted the prosecution. Colin Michael Wafer, represented by Mr W. D. Taylor, who appeared on remand, was charged (1) with the unlawful conversion of a motor-car at Runanga on June 4, 1943; (2) that he did have in his possession a .22 -rifle the property of his brother, without a permit; (3) that not . being the holder of a permit he did operate a motor vehicle in which was carried a loaded firearm. Sergeant Mcßobie stated that the car was parked at 7.35 p.m. on the day in question in Boundary Street. When the owner returned after the pictures the car was missing, and the police were informed. Constable Mallov found the car outside the Lyceum Hall and, after keeping it under observation, saw accused enter it at 1.10 a.m. He was accosted while inserting the ignition key. A rifle was on the seat beside him. On examination at the police station it was found that there was a cartridge in the breach and five in the magazine. The police took a serious "view of the matter, possession of a loaded rifle at one o’clock in the morning being an unusual feature.

Sergeant C. George stated in evidence that he arrived on the scene a counle of minutes .after Constable Malloy accosted accused. He questioned defendant. He noticed the rifle. Accused said that it belonged to a “cobber.” He later stated that it was his brother’s. On lus being searched, a matchbox containing six. cartridges was found. Accused gave no explanation.

Constable J. P. Malloy gave corroborative evidence. Wafer, in evidence, said that he lived at Rapahoe Hotel. He obtained the rifle from there. His brother also resided there. In reply to Mr Taylor he said that the rifle was for a friend who was going shooting at Marsden on the Saturday. There were no bullets in the rifle when he received it. He put five in the magazine. He did not look into the breach. He came into town in the car with a mate, whom he declined to name, and went to the Lyceum dance.

Mr Taylor said that in the normal course of events, it was perfectly safe to have bullets in the magazine. Wafer had met his mate at Woolworth’s, and the mate had said “Wait a minute while I get the car.” Wafer subsequently found that the car was stolen. He had gone to Rapahoe to get the rifle, and had then come to the dance. The car was undamaged. Wafer had had .a conviction for theft four years ago. The Magistrate said that accused recently had also a liquor offence. As he was not satisfied with some features of the case, Wafer would be remanded till Friday when a police report would be furnished. On a charge of jointly converting a motor cycle and driving without a motor cycle license on June 5, 1943, Thomas John U’ren and Albert George Favel appeared on remand. Thev were represented by Mr W. D. Taylor who pleaded guilty. Sergeant Mcßobie said the cycle belonged to Desmond Stokes, a friend of the two accused. They had taken the cycle and had later returned it in a damaged condition. Mr Taylor said that it was a stupid practical joke and as the accused were paying for the damage and as they had been in custody from Saturday to Monday last, he suggested that the Magistrate might suspend sentence for six or twelve months, conditional on their good behaviour. The Magistrate said that he did not think the case warranted an adjournment and that the accused were old enough to have more sense. Each were convicted and fined £1 10s with costs 10s on the charge of conversion and convicted and fined £1 with 10s costs on the charges of driving without a license.