SYDNEY CIVIC SCANDAL.

New Zealand Herald, Volume LXV, Issue 20114, 27 November 1928, Page 9

SYDNEY CIVIC SCANDAL.

SENTENCE UPON HALING.

COURT DISMISSES APPEAL.

DEFENDANTS NEXT STEP.

(Received November 26, 7.25 p.m.) SYDNEY, Nov. 26

The High Court to-day dismissed the appeal of Silas Y. Muling, formerly deputy-manager of the City Electricity Department, against t ho sentence of six months' imprisonment and a fine of £6OO imposed upon him in July when ho was found guilty of corruptly receiving £10,600. The money was paid in connection with a power-houso contract let to P. a brack and Wilcox, Limited, of London, by tho lato Sydney City Council.

The Court's decision was based on the ground that tho Stato Courts have no jurisdiction. Maling's counsel contended that tho offence, if any, had been against tho Federal Act covering secret commissions. This point having been disposed of by tho judgment Maling's next step is to appeal to tho quarter sessions now pending.

before Mr. Gates, S.M., on July 31, Maling was convicted, fined £SOO and sentenced to six months' imprisonment. His Worship said accused had been falso to his trust. Ho had prostituted his important ollice by levying blackmail on persons who were endeavouring to do business with his principals. Immediately seuteuce was delivered Maling's counsel lodged an appeal to the quarter sessions of tho Appeal Court, without prejudice to accused's right to apply to the Full Court for a writ of prohibition to restrain the magistrate from further acting upon tho conviction. Maling was released on bail of £3OO pending the appeal. On August 29 the Full Court beard tho appeal. Maling relied upon 13 grounds of appeal. The chief of these wero: That the evidence properly admissible had failed to establish an offence; that there was no evidence that the alleged payment was from Babceek and Wilcox. Limited; that the evidence did not establish tho fact that the alleged payments were made as a reward for recommending the acceptance by the lato City Council of a certain tender; and that the offence charged was not punishable under the Secret Commissions Act of New South Wales.

Tho Full Court, on September 1 referred the appeal to tho High Court, to deride the points raised. Tho Court intimated that it considered that the other grounds of tho appeal had failed.