Took Bribe For Help With Building Permit

Northern Advocate, 10 August 1948, Page 2

Took Bribe For Help With Building Permit

AUCKLAND, Tue. Sp.).—Stephen Patrick Foster, 49, storeman, and a former member of the staff of the Auckland Building Controller, was charged before Mr J. H. Luxford, S.M., yesterday with two breaches of the Secret Commissions Act, 1910. The charges, which were admitted, were that on or about May 5 Foster corruptly solicited £lO from Eric Thomas Brown as a reward for facilitating the granting of a building permit to Brown and that about the same date he accepted the money.

During a telephone conversation with spmcone at the Building Controller’s office, said Brown, in evidence, he had been told he would be entitled to build a house of 1450 square feet. Later when he called at the office he saw accused, who explained that four bedrooms would be required in a 1450 ft house.

About two davjs later Brov/n received through the post a permit to proceed with the building of a 1450 ft four-bedroom house.

To Mr Hart, Brown said he got what lie originally asked for. The advice given him by Fosiar in the first place was correct. He took it that Foster’s advice about his writing a letter about the family position was effective in getting the permit. NOT AUTHORISED TO SIGN

Witness said the plans were amended accordingly, but at the end of April he received notice from the Building Controller’s office that his application had been refused.

The letter stated that he was entitled only lo 1300 ft of floor space.

' Thomas McKnight, radio engineer, said that from February 2G to July 10, 1948, he was in charge of Ihe Building Control Office in Auckland. He had been employed in the office since 1939. Brown’s application was attended to by another officer, Mr Pratt, who recommended to Wellington that the application be declined in the first place but suggested that an amended proposal not exceeding 1300 ft be approved.

On May 3 he went to the Building Controller’s office and asked to see Foster, and asked what he should do. “TWO FIVERS MIGHT HELP" After asking how badly he wanted the house, Foster said: ••Perhaps two fivers in an envelope might help." After thinking the matter over. Brown continued, he took his plans, a letter explaining the position of his family, and a plain envelope containing two £5 notes to the Building Controller’s office. All were handed to Foster.

Applications of over 1150 ft had to be referred to the Building and Control Advisory Committee in Wellington. The committee decided that the application should be deferred, and Brown and the Takapuna Borough Council were advised.

The letter written by Brown on Ma 3 was received by Foster.

Both the provisional approval and the letter to the Takapuna Borough Council authorising the building, dated May 0, were signed by Foster. “1 did not authorise accused io append my signature to that document.” said Mcknight. “He did not refer it to me. or, lo my knowledge, anyone else in the office.

“He was not acting within ihc scope of his authority when he signed it without my approval.” 13,000 AUTHORITIES A YEAR

To Mr Hart, McKnight said about 13,000 authorities a year were signed

and Foster signed about a fifth of them.

Brown got what he was entitled to as the authority would have been granted had it gone to Wellington.

Mr Hart: Affairs in your office have been in a chaotic state lately? McKnight: I don’t know that I can say that. There was too much work for the staff available and matters had to be deferred. Detective-Sergeant W. H. Slater said lie interviewed accused on June 18. After first denying knowing Mr Brown and receiving money from him. Foster then said he wanted to be frank about the matter.

He had seen Brown and what Brown had said was correct.

Mr Hart: Under section 3 of the act Brown would normally be prosecuted for offering bribes. Is that so?

Witness: Yes. That is for offering bribes. Mr Hart: Can you say that Brown is being prosecuted? Witness: Ido not think so. Brown is not being prosecuted because he only got what he was normally entitled to. The magistrate: Is that why he is not being prosecuted? Witness: No. He is not being prosecuted. FIRST OCCASION Charles Gilmour Stead Ellis, assistant public service commissioner in Auckland, said that on the afternoon of June 13 Detective-Sergeant Slater and Foster called to see him. Foster admitted receiving £lO and facilitating the obtaining of a building authority. He said that the matter had been worrying him and that this was the first occasion on which he had accepted bribes. Foster was committed to the Supreme Court for sentence on Thursday, August 19. He made a voluntary appearance. Bail was allowed at £SO with one surety of £SO.