FALSE PRETENCES

Nelson Evening Mail, Volume LXXII, 27 January 1939, Page 6

FALSE PRETENCES

YOUNG MAN CHARGED SAID TO HAVE CLAIMED TO BE AN AIR PILOT SENTENCED TO THREE MONTHS’ IMPRISONMENT Michael John O’Neill, aged 29, who claimed to be a pilot and to have served with General Franco’s army in Spain, was sentenced in the Magistrate’s Court this morning to three months’ imprisonment on charges that with intent to defraud he obtained from Victor Camden Constant (Blenheim) £3 by falsely representing that he had obtained a position as a pilot with Union Airways Ltd.; and incurring a debt for board and lodgings to the value of £3 9s 6d, from Victor Camden Constant.

For obtaining £2 by false pretences from Patrick Michael Barry he was convicted and discharged.

Mr T. E. Maunsell, S.M., was on the bench and Mr W. V. R. Fletcher represented O’Neill.

Detective-Sergeant F. Hayhurst said that the offender went to Blenheim about 23rd December and stayed at a hotel. He gave it out generally that he was an air pilot, had been to Spain, serving as a pilot with General Franco’s army, and had crashed and come back to New Zealand on furlough. He said that he had obtained a position with Union Airways in New Zealand. He once rang up the proprietor of the hotel and stated that he was an official from Union Airways and asked for a message to be given to Captain O’Neill. Accused was known to the police. He had previously been known as Dr. O’Neill, Captain O’Neill, etc. In Christchurch he had given it out that he was : Lady O’Neill’s son. He was prosecuted for fraud and he was sentenced to a [ month’s imprisonment. Accused had practised general deception throughout Blenheim and took advantage of people.

Mr Fletcher said that defendant was a young man of 29 and came from ,a good family. After the Christchurch incident he went to the West Coast and with the exception of three months in hospital he had worked till Christ-

mas. He then went to Blenheim to spend the festive season. The story of accused going to Spain arose from a joke of a friend. Unfortunately it was taken seriously though he had later denied it. However, it was not a criminal offence. On leaving Blenheim he saw the proprietor of the hotel, told him the position and quite candidly said he was going away and arranged to forward money as soon as he got back *■) employment. The proprietor said he was quite satisfied, but accused was arrested on arrival at Nelson. Regarding the loan he just asked the clerk at the hotel for it and was given it. no statement being made. The Magistrate remarked that there must have been some stated or implied representation. Mr Fletcher said that there might have been in the clerk’s mind, but not in the accused’s. The amounts involved were small and he intended to pay them back when he got back to work. Counsel suggested a term of probation and an order for the restitution of the money. In reply to the Magistrate the de-tective-sergeant said that the loan was made on the strength of accused’s previous representations as to his position. Counsel said that accused had a job to go to. The detective-sergeant said that accused told him that he came here locking for work. Speaking to the accused the Magistrate remarked that the accused had already served a short term of imprisonment, but he seemed to have developed, or to be on the road to developing, into an incorrigible swindler. If probation was granted the Magistrate was afraid there would only ba a repetition. He imposed a sentence of three months’ imprisonment.