REDUCTION IN FINE

New Zealand Herald, Volume 80, Issue 24543, 27 March 1943, Page 6

REDUCTION IN FINE

POTATO PRICES CASE COMMENT BY MAGISTFIATE (0.C.) HAMILTON, Friday The case in which George Mclnally, grocer, Huntly (Mr. VV. J. King), was lined £2O last week for selling potatoes at a price in excess of that fixed by the Price Tribunal, was reheard by Mr. S. L. Paterson, S.M., at Hamilton today, when the fine was reduced to 10s. Mr. H. T. Gillies, for the Crown, said he stated last Court daj that Mclnally had sold Bicwt. of seed potatoes! at £4 os lid in excess of the Price Tribunal's order. He had based this figure on defendant's own statement, but had assumed that defendant had quoted the figures at per sack instead of, as it was later revealed, at per cwt. This made the overcharge 16s 2d for the whole quantity. Mr. King said actually tho overcharge was 9d per cwt. At this stage there was an exchange of words between Mr. Gillies and Mr. King, and the former asked whether he was always going to have personal differences with Mr. King. Mr. Gillies added that last Court day he, Mr. Gillies, threatened to punch Mclnally on the nose. The Magistrate: You had belter not start punching people on the nose, or you will find yourself in the cooler. Dealing with the case, Mr. Paterson said the Court was entitled to better service from prosecutors than it had received last week. The complaint should have been fully investigated Any competent inspector of average intelligence should have known that Mclnally's quotation was at per cwt. and not at per sack. The figures could have been checked with the wholesaler. The Court was given a totally wrong impression. It was not fair to the Court and might result in considerable injustice, especially when dealing with bureaucratic departments. A totallv different complexion had been placed on the case at the rehearing, said the magistrate, who added that small blame was attachable to the defendant. Defendant was fined 10s. The magistrate added that the department responsible for bringing the Crown Solicitor to the Court again should pay his costs. Mr. Gillies said it was the practice of other magistrates to impose a much higher penalty than 10s in such cases. Mr. Paterson replied that magistrates judged each case on its merits. If he came across a case of deliberate overcharging he might impose the maximum penalty. EXCESSIVE CHARGES THREE GROCERS FINED For selling commodities at prices in excess of those fixed by the Price Tribunal, three storekeepers were fined by Mr. F. H. Levien, S.M., yesterday. Thomas Wesley Barnes, grocer, of Broadway. Newmarket, pleaded guilty to selling boot polish for Bd, golden syrup for lOd and butter for Is 6Jd, when the fixed prices were 7id, SJd and Is 6d. To an inspector defendant had said that he thought he was entitled to charge an extra halfpenny for butter when it was booked. There had been some confusion between the polish sold at an excessive price and another brand which was retailed at Bd. A fine of £2O was imposed on the second charge and penalties of £2 10s on each of the others. Daisy Day, grocer, of 74 Grafton Road, pleaded guilty to a charge of selling soap powder for 9d when the price fixed by the tribunal was 7id. A line of £2O was imposed. For selling boot polish for 8d instead of 7jd, Bernard Ganderton, grocer, of Khyber Pass Road, was fined £2O. A fine of £2 10s was also imposed on the same defendant, who pleaded guilty to having sold baking powder for Is Bd. or 2}d in excess of the fixed price, FALL THROUGH ROOF COMMENT BY CORONER Returning a verdict that death was due to injuries received when he fell through the roof of a shed on Northern Wharf on March ,5, Mr. F. K. Hunt, coroner, at an inquest yesterday into tho death of Mr. John Joseph Herbert Spencer Taylor, aged 59, electrician, emphasised the danger of men walking on a roof. "Unfortunately, it is only through accident that these things are brought to light," Mr. Hunt said. Evidence showed that deceased and a fellow-worker were repairing a floodlight and were on' the corrugated asbestos roof when it suddenly gave way and both fell to the wharf' below. Mr. Taylor received fatal injuries and the other man fractured a leg. Constable Attwell said there was a notice reading, "Danger, do not walk on the roof," posted at the end of the shed, and there was also a duckboard. Had this been used by deceased and the other worker witness did not think the accident would have occurred.