GAOL FOR STEWART

Hawera Star, Volume L, 29 November 1930, Page 7

GAOL FOR STEWART

SIX MONTHS’ IMPRISONMENT

OFFER OF RESTITUTION i< a VERY SAD POSITION” (By Telegraph— Special to “The Star - ) NEW PLYMOUTH, Nov. 29. i Jju -the: Supreme Court- this morning, before: the.. Hon. Sir Michael. Myers (■'Chief Justice), Donahll Alexander Stewart, -who was convicted: of. -theft of .-moneys’ by failing to account for same to' the'Normanby Town- Beard, of- which, he was formerly clerk, appeared! for sentence 1 and was ordered to be imprisoned! for six months for the' 1 purpose of reformative detention. Mr L. A. Taylor, in making a plea for leniency, intimated that the sum of £l99' :14s had' been subscribed! by South Taranaki residents towards making .restitution! on behalf of Stewart. : In, sentenieing prisoner, His Worship said it was. true he was a man. of o(5 years of age, and that apart from these offences lie had always had a good reputation, in the community. It was a very sad thing to see him from -any point of view in- this position today. He felt: that, in this ea-s-e, when the) circumstances were as- they had been shown to be, it would not be proper to grant probation. Some punishment must he imposed and it would not' be lengthy or severe. His Honour said' he had' taken into consideration all that counsel had! said in regard to the circumstances, and he agreed ( with the rqeomlmendation of the jury that, leniency should be shown. He had felt that- throughout the trial, but. nevertheless lie could not eliminate from his mind then, nor could! he now. the fact that for three years the prisoner had abused! the trust and had taken' money from tinne. to time which ■belonged to his employers. Something- had 1 been said about the unfortunate circuit.,stances' that there had been no audit of the 'accounts of the board for a period of three years. His Honour said! it was. very easy to eritiicise, but there might be some difficulty in, the way of an audit being .made for several years. If it- was possible, -and this he sail! only as a suggestion, there ougljt to be an- annual audit of the finances of .all local bodies. 'He would have thought that. if. the staff of the Audit Department was not sufficient to enable that to be done, or if there were other circumstances to prevent its being done, it. might be possible for am intermediate annual audit, to be made by private auditors. However, that was (by the. way and a. mere suggestion which might or might not be possible of.adoption. The mere fact that an audit had not.taken place for three.years dicli not. justify a person in a position of trust in abusing that trust. . ...

'Continuing, His Honour said he proposed, t'O- make the punisWment in this case moderate,-indeed light, because he recognised that the conviction and- the less-: of his good name and reputation were of itself .some punishment. I f the punishment of the prisoner was the only consideration that, might, be sufficient, but the court had! to have regard! for the community and ..the effect of the punishment of offences as a deterrent to others. In. this ease rho sentence of the -court .would! be tt.at prisoner be detained for. reformative treatment for a period not. exceeding six months. c-„-r.