SOLDIER CONVICTED

New Zealand Herald, Volume LXXVIII, Issue 23993, 17 June 1941, Page 3

SOLDIER CONVICTED

BUYING OF MOTOR-CARS BANKRUPTCY ACT CHARGES Two charges laid under the Bankruptcy Act were preferred against Cecil James Rogers, agent and soldier, aged 29 (Mr. Uren), in the Police Court yesterday before Mr. F. K. Hunt, S.M. Accused, who pleaded not guilty, was charged that, being adjudged a bankrupt on November 1, 1940, he incurred a debt of £338 7s in respect of a motor-car on October 26, 1940, without having reasonable or probable expectation of being able to pay it as well as other debts; and also that he committed a similar offence in respect of a car on October 13, 1940, by contracting a debt of £386 13s sd. Mr. N. I. Smith prosecuted. On October 13, said Mr. Smith, accused entered into a hire-purchase agreement with Campbell Motors, Limited, for a car, tendering a cheque of £5 as deposit. The cheque was returned by the bank as there were insufficient funds. A similar experience occurred when accused paid a cheque of £125 to Alex Davie, Limited, on October 26 for another car. Accused had three banking accounts, Mr. Smith continued, one of which had a credit balance of 12s, while the others had small debits. On November 1 accused filed a petition for bankruptcy. His assets were nil, and ho owed £SO7 j-lls 8d to other creditors. Accused did j not pay the remaining money to Campboll Motors, and therefore did not get the car. He had possession of the car from Alex Davie, Limited, for a fortnight. A technical defence that proceedings should not have been taken without leave of the Court, under the Debtors' Emergency Regulations, was submitted by counsel. Accused, he said, was an enlisted soldier. Mr. Smith: The regulations provide for civil, not for criminal, cases. The Magistrate: 1 rule against that defence. This is a, straightout penal case. v Evidence was given by a-ccused that at the time he entered into agreements for the two cars ho had no idea of going bankrupt. He was negotiating for the rights tor manufacturing gas producers, and had orders for nine, lie considered that if ho had been given time he would have been able to meet his debts. His wife, who was in England at present, was wealthy. Accused was remanded in custody for sentence to-day.