NEVER OCCURRED

Nelson Evening Mail, Volume LXIV, 7 August 1931, Page 5

NEVER OCCURRED

AN ALLEGED ASSAULT AND ROBBERY

THE HAVEN ROAD CASE ACCUSED’S ADMISSIONS TO DETECTIVE The evidence heard at the Magistrate’s Court this morning when Richard Robert Rawson. aged 25 years, taxidriver, appeared on remand before Mr T. E. Maunsell,' S.M., charged witli theft, showed that the alleged assault and robbery of Rawson near Cock and Co.’s building in Hardy street early on the morning of the 27th July never occurred. Accused, for whom Mr J. R. Kerr appeared, pleaded not guilty and elected to bo dealt with summarily. Detective Sinclair conducted the case for the police. William Gould, of Tahuna, taxi proprietor, in evidence stated that accused was employed by him for about four nnSnths on a basis of one-third share of takings. In the four months accused’s takings were easily collected till latterly when the bookings were greater than accused’s commission. '1 he driver was missing for one week and witness had no information from him and saw him only once. Witness waited on the stand all the afternoon on Wednesday, 22nd July, to see accused. He did not see him again till informed by the police that Rawson had been found injured on the road. It was the Thursday previous to that that lie had collected accused’s money. Witness had called at accused’s house to leave messages for him to see witness and had eventually ordered the return of the car. It was the custom to pay in each day’s takings on the following morning. Accused had no_ permission to deduct his own commission from his .takings. According to accused's own bookings £l6 18s 6d was still owing to witness. July 16th was the last date accused had received any money from accused.

To Mr Kerr, witness explained the accused’s book and waybills, indicating accused’s takings. Witness did not doubt that accused had had to book some fares. However, no fares were marked as “booked.” To the detective, witness said he employed accused on the share basis and trusted him to make the entries. Detective Sinclair in evidence stated that he was called to Haven road oil the Monday morning and saw accused on the road with his pockets turned out, 6d on the road nearby, and a pocket wallet also on the road. He spoke to accused but got no reply. At 9 o’clock that morning at the hospital, to which institution accused had been taken, Rawson said lie could talk and then made a statement to witness. Rawson stated he had taken three men to Takaka on the previous day, collecting the fare, and had returned to Nelson. On his way lie picked up a friend and dropped him at his home in Waimea road. As he was proceeding past Cock and Co.'s building on his way to the nort, two men hailed him for a lift and lie opened the back door. The two men walked towards him and that was all he could remember until he woke up in hospital. At that interview, said witness, accused said he had had £l4 m his possession, including £7 from the Takaka trip. Accused actually described the men as stout, not veiy big. one wearing an overcoat. However, witness again interviewed accused On the evening of Ist August, when witness (old Rawson that he had made investigations and had found that he had only 6d in his possession up to late on the Sunday evening, and further that he had not taken three men to Takaka and therefore could not have received a fare. Witness then admitted that his first story had not been true and made the following statement: STATEMENT BY ACCUSED

“I am a single man 25 years of age and a taxi-driver by occupation. On Monday morning I was found in Haven road at about 3 a.m., believed to have been assaulted and robbed. This was not true. I had beeii over at Takaka that day with girl friend. This girl came from Riwaka and I drove her to her home there. I left there at about 11.30 p.m. and drove to Motueka, where I picked up a friend of mine named Holland. I brought him to Nelson with me. I left him at bis home m Wnimca roud and then drove to Snow’s Hill and over Bronte street, turned down Collingwood street to Bridgo street. I proceeded down Bridge street to Haven road at about 1.30 a.m. When I reached there I got out of the car, then took my wallet out of my pocket and dropped it on the ground. I had only 6d in my possession and I dropped that on the ground too. I turned my pockets out, then lay on the 'ground. I did this so that I would give the impression that I had been assaulted and robbed. I was never hit on the head. The mark on my head was done on either the previous Thursday or Friday by a girl who was visiting my home; a Miss Gray. We had been skylarking together and she scratched my head at the side. That night or morning I was found I had scratched it —that is how it bled. I must have been lying on the road for an hour before someone came along. I was awako when this man came along and found me. He went away and then Morrie Tootie and Barv, both taxidrivors, came along. .1 remember the constable arriving and I heard one say that ho would ring for Detective Sinclair. I heard the detective speak to me hut I would not answer. Shortly after this another man arrived and I heard someone call him doctor. I was then put in the ambulance and taken to hospital. I remained in hospital until the Ist August. There had been nothing wrong witli me at all but I didn’t let them know this in hospital. “I staged this supposed robbery because I received some money which 1 should have paid to Mr Gould hut which I used for myself. (Then was given a list of the monies received, including a .10s fare to Stoke, totalling £2 2s). This money should have been paid over to Mr Gould, but I spent it on myself. I know I had no right to keep this money but I wanted cigarettes and other things so 1 spent it. I filled in my book with other jobs done but they are only fake jobs—l never did them at all. 1 went over to Tasman three, times that week to see my 'girl—that was how the benzine was used up. When the detective first spoke to me about this matter last Monday morning I told him 1 had been robbed of over £l4, but this was not true. I had only 6d in my possession on the night I lay on the road. Tlio monies I kept, which amount to £2 2s, I received between the 17th July and 23rd July. I was worried as to what I was going to say to Mr Gould about the monev when f saw him and on the way to Nelson I thought of a supposed robbery to clear myself and did it. Irealise now bow foolish 1 have been.

COUNSEL’S CONTENTION Mr Kerr submitted that accused could not brt, convicted on the charge as the persons from whom the money was received were not known, arid quoted a case in support of bis argument. The Magistrate considered the charge could bo redrafted for a conviction to he feeorded. Mr Kerr suggested that as accused was entitled to commission on. the amount entered in his book this in some way negatived the criminal intent. The Magistrate: “Was there criminal

intent in his lying on the road?” Mr Kerr: “That is one of the unfortunate surrounding circumstances.” “Ytri, but it is hard to explain away,” replied His Worship. The. Magistrate said it was a well established fact that a conviction for theft from a person unknown was a valid conviction.

Mr Kerr said accused had not been suited for the taxi work. It. was to his credit that the amount missing was only £2 2s. Accused had certainly conceived a foolish way out of his difficulty, lnd had made a clean statement of the whole affair.

The Detective said it was plain that for some days accused had been joyriding and visiting his Jadv friend. He had used up 49 gallons of benzine for which Mr Gould had to pay.

CONVICTION AND REMAND In convicting Rawson and remanding him in custody until 10th August, flic Magistrate said the case bail bud features, and he doubted if lie should genn probation Rawson bad beet? in a position of trust and abused that trust, and then acted in a most reprehensible manner.