LICENCE FEES

New Zealand Herald, Volume LXXV, Issue 23058, 8 June 1938, Page 17

LICENCE FEES

CHARGES DISMISSED DEVONPORT INSPECTOR ALLEGED FAILURE TO ACCOUNT COMMENTS BY MAGISTRATE "I cannot bring myself to convict a man of a serious offomo such as this on the evidence produced, and the case is certainly not strong enough," said Mr. 0. It. Orr Walker, S.M., in the Police Court yesterday, when Edmund John Champion Finny, a traffic inspector employed by the Devonport Borough Council, waa charged with fraudulently omitting to account to the Auckland City Council for sums totalling £ls 6s 2d. The five charges preferred against the defendant were dismissed. Defendant was represented by Mr. Leary, and Detective-Sergeant McHugh prosecuted. The case had been adjourned from Thursday, when defendant pleaded not guilty to all charges. When the case was resumed yesterday, Mr. R. B. Lusk, legal practitioner, stated that he had come to the Court of his own accord to testify to the excellent character of tho defendant. He stated that he had known him for about eight years and had tho highest respect for him. Evidence was given by a motor driver, - who stated that he had been in the employ of one of tho previous witnesses, who had admitted that he did not have the current heavy traffic licence for a truck. His employer had told him that if he was stopped and asked for his licence he was to refer it to another member of the firm or to defendant. Defendant in Witness Box Defendant, in evidence, stated that in addition to his duties as traffic inspector he held the positions of dog registrar and inspector of dangerous goods. From £3OO to £4OO passed through his hands annually, all in small collections. When this matter came to a head, the Audit Department had investigated his books and he had since received no complaints. Describing his practice of receiving fees and applications for licences from truck owners residing in Devonport, defendant said that the money was put in separate envelopes and kept in a drawer. He vyould keep the money until his next visit to the city. He did this regularly for several carriers, who would lose half a day's work if they did it themselves. He was under no obligation to do this service and often made special trips to the city. Numerous Statements Denied It later became apparent, stated the defendant, that some carriers when stopped for their licences would state that the fees had been given to him.\ They would immediately pay the prescribed fees to defendant, who when later approached by the city traffic inspectors would admit that the licence fees had been paid.' Some carriers operated for long periods before being apprehended, and they would then imply that they had paid the fees to him a long time before. It was after this that ho discontinued the practice. Defendant denied numerous statements made by previous witnesses, stating that several had told untruths, the reason being to avoid prosecution for failure to possess heavy traffic licences. He denied having received the sums of £9 7s 2d, £1 5s 6d and 17s. He admitted having received a sum of £1 18s 3d, hut as the carrier was employed on Public Work 3 schemes he advised him that he could apply for an exemption. The money was then returned, although the carrier denied having received it. Defendant also admitted having received a further sum of £1 18s 3d, but stated that he had returned it, as he was unable to visit the city. • Not Financially Embarrassed Cross-examined by Mr. McHugh, defendant said he was not financially embarrassed at the time of the alleged thefts. He added that it was impossible to deal with heavy traffic cases in the district as his other duties were so numerous. He admitted having borrowed several sums of money recently. It was not truo that he entertained lavishly. "In a criminal case, on© must have stronger evidence than in a civil action," said the magistrate. "One has to act as judge and jury, but I am quite sure that no jury would convict the defendant. The evidence of his good character is overwhelming, and one could hardly ask for a better character."