"BREACH OF DUTY."

New Zealand Herald, Volume LXV, Issue 20088, 27 October 1928, Page 16

"BREACH OF DUTY."

JUSTICE OF PEACE FINED. CONCESSION FORM ANTEDATED. REBUKE BY THE MAGfSTRATE. Seeing that in liis opinion • defendant was not a fit person to lie a justice of tlio peace, Mr F. K. Hunt, S.M., in (ho Police Court yesterday fined William L. Rowland, J.P., boot importer, £5 on a charge of making a claim for a refund of customs duty at tlio rate of 4d for every gallon of motor spirit used which \yas falso in date. Jack Lipanovich, a Dalmatian restaurant keeper, similarly charged, was convicted and ordered to pay costs. Chief-Detective Hammond said Lipanovich had a quarry iri which was a stationary petrol engine. Ho was entitled under the Motor Spirits Regulation Act to a refund of 4d on every gallon ho used, providing ho made application to the authorities at the motor registration branch of the post office within a certain time. Instead of putting in tho application relating to a quantity of petrol on June 30, he did not make application until August 14. When told the application dated August 14 was useless he returned with one antedated to June 30, signed by Rowland. In evidence, Rowland said Lipanovich called on him on August 14 with invoices for the benzine purchased and for which he was making a claim for tho refund allowed under the Motor Spirits Taxation Act. Witness marie out the form and dated it the correct date, August 14. Lipanovich took the form away and returned with it an hour later. Ho informed witness ho had taken the form to the Postal Department, where he was told tho date for the allowance of the refund on the amount shown had elapsed, and that tiie form should be antedated to Juno 30. Lipanovich had a blank form and witness wrote tho form and dated it June 30, as requested by Lipanovich, who told him the department had asked him to do it.

The magistrate said he could riot accept the stories told by defendants. Tho case of Rowland was the more serious, because lie should have known the gravity of tho offence. "Wo depend 011 the accuracy of tho documents signed by justices of the peace, and a breach of duty by such men is very grave It is very, very reprehensible," the magistrate said in imposing the penalty.