Unauthorised Conversion Of New Zealand Money

Manawatu Times, Volume 65, Issue 228, 26 September 1940, Page 9

Unauthorised Conversion Of New Zealand Money

TWO WELLINGTONIANS CONVICTED Per Press Association. WELLINGTON, Sept. 24. Holding that a breach of the Finance Emergency Regulations, 1940, had been committed, Mr. Goulding, S.M., in a reserved judgment delivered in tho Magistrate’s Court to-day, convicted two Wellington meD, Robert lan Malcolm Sutherland, solicitor aud Norman John Suckling, manufacturers’ representative. They wero jointly charged that without lawful excuse and without permit from tho Minister of Finance they mado payment in New Zealand in consideration for receiving payment outside New Zealand. On this charge each defendant was fined £lO with costs. Tho defendants were also jointly charged with being parties to a transaction involving tho conversion of New Zealand money into sterling currency at a rate of exchange other than the current rate and with dealing with money payable outside New Zealand as a consideration for receiving payunent in New Zealand. On these charges they were convicted and ordered to pay costs.

A further charge preferred against Suckling alone of sending money out of New Zealand without the permission of the Minister of Finance was dismissed.

After reviewing tho evidence and the legal submissions of counsel the Magistrate held that the prosecution had proved that a breach of the regulations had been committed. A defence of ignorance of the regulations ho added, was no defence. It had been submitted that a Mr. Haydon had a permit to send money out of the country and that the bank had assured Sutherland that it had permission to send money in sterling though tho permit was for dollar exchange, and that Suckling had accepted the assurances of Sutherland on these matters.

*»“I do not think that carries the defence far enough," said tho Magistrate. “Suckling had not a permit aud could not be a party to auy transaction which would ultimately end in his becoming possessed of money to send abroad through Haydon's permit. Suckling knew tho regulations. He bought exchange and knew it became his property. Nor do I think Sutherland's reliance on any assurance from tho bank that the transactions were not a breach of the regulations is of any avail. He was well aware of the regulations. 1 think they allowed themselves to be parties to a transaction which they, like Mr. Micawber, hoped would turn out for the best. Their hopes have not been fulfilled and the veil of innocence under which they now seek cover appears to have no more substance than that which, covered tho charming Mr. Skimpole.

“As to the charge against Suckling alone of sending money out of New Zealand I agree with counsel that the evideneo does not go far enough to establish the charge laid. The prosecution does not press for heavy penalties, nevertheless the offences cannot bo regarded lightly and more than a nominal penalty must bo imposed."