Tried To Rectify Wrongful Use Of Benzine; Fined £10

Northern Advocate, 18 November 1941, Page 7

Tried To Rectify Wrongful Use Of Benzine; Fined £lO

“Offences against the oil fuel regulations cannot be treated lightly,” said i Mr. Raymond Ferner, S.M., when, in j the Whangarei court today, he convio- ! ted James Patrick Whelan on two J charges of breeches of the regulations and fined him £5 and costs on each charge. Whelan, through his solicitor, Mr. D. L. Ross, had entered a plea of not guilty on both charges, but Mr. Ferner, at the conclusion of the evidence, said that it appeared to him that an offence. had been established on both charges. Wehlan, who is an insurance agent, and up to April of this year was also farming a property at Kamo, held two oil fuel I licenses, one for his car and one for his j iarm milking machine. On Mav 13 he | had secured eight gallons of 'benzine, four being taken on his car license and four on his farm license, and again on | May 28 he had secured eight gallons, ; iour on the car license and four on the I farm license. „ At this date Whelan had disposed of his iarm and so the farm license Was not operative, although not cancelled by the Oil Fuel Controller. This information was given the court by Detective G. S. Miller, who prosecuted. I Drew Less Next Month The car license for 24 gallons a month was fully drawn during May, but for Ji'ne eight less gallons than stipulated were drawn and Whelan had stated that he had drawn less for June to make up for the amount drawn on the farm license in May. At the time he did not know that part of the benzine had been drawn against' his farm license, but when he had been informed he had interviewed the Oil Fuel Controller and, after explaining the position, said that he would make it up by drawing less benzine in June. Whelan, in a statement to the police, had stated that the Oil Fuel Controller had inimated that if such was done then probably no further action would be taken. Whelan had also stated that he had not instructed the bowser attendant at the Whangarei Dairy Company, where the benzine was drawn, to charge some of the benzine against the farm license and it was not till he was informed by his wife that four gallons had so been charged on May 13, that he was aware of the position and again on May 28, when he had been informed by the pi rnp attendant that his car license was fully drawn and four gallons had been charged against the farm license. Saw Controller He had then told the attendant that he would see the Oil Fuel Controller and get the matter rectified as he knew that his farm license could not be drawn against as he had disposed of his farm. He had immediately seen the controller, said Whelan in his statement to tiie police. After Detective Miller had placed the facts of the case before the court, the Oil Fuel Controller (Mr. W. H. L. Roberts) gave evidence that he had not given Whelan any assurance that if he drew eight gallons less during June the matter would be rectified. He had told him that the circumstances should be put in writing and then the matter would be considered. Letters written by the controller to Whelan and the replies received were produced in coi >rt by Mr. Roberts. Mr. John Victor Beeston, attendant in charge of the Whangarei Dairy Company's bowser station, gave evidence or Whelan having drawn the benzine on May 13 and again on May 28. At that time Beeston said that he had not been informed that Whelan had sold his farm and that the farm license was not operative. Voluntary Effort That the offence had not been brought to the notice of the Oil Fuel Controller till Whelan himself had interviewed the controller in an endeavour to rectify the mistake was stated by Mr. Ross. In June Whelan had voluntarily taken eight gallons less under the impression that this would adjust the matter. Under these circumstances, Mr. Ross contended that if an offence had been committed it had been an involuntary offence on the part of Whelan. The magistrate then convicted Whelan and fined him as previously stated.