TENANTS CHARGED

Otago Daily Times, Issue 27094, 31 May 1949, Page 9

TENANTS CHARGED

OCCUPYING CONDEMNED PREMISES & NO PENALTY IMPOSED “To use an army term, there seems to have been a good deal of ‘passing the buck ’ in this case,” commented Mr J. D. Willis, S.M., in the Magistrate’s Court yesterday, when David Francis Muir, Leslie Moody, Arthur Gudsell, and John Henry Griffin were charged with occupying premises in Glasgow street contrary to a closing order made by the City Council. Thomas Edward Lionel Lloyd, .the owner of the premises concerned, was also charged with having allowed the premises to be occupied. All the defendants pleaded not guiltyT When the case came before the Court a fortnight ago, the magistrate granted an adjournment so that a letter could be sent to the State Advances Corporation, drawing* attention to the conditions under which the defendants were living. Mr J. C. Robertson, who appeared for the City Council, explained that the defendant Gudsell had been allowed to occupy premises which had been condemned because he was in such desperate straits. Arrangements had been made to see that he was supplied with light and power, which had been cut off Avhen the building had been condemned. He added that the State had known for two years that the defendants were living in dangerous conditions, and he thought that so far as Muir and Moody were concerned, the State might have provided them with homes without any conditions. The magistrate: Thei*e are probably other people in the same necessitous circumstances.

Mr Robertson added that the City Council regarded the task of bringing the prosecution as a most unwelcome one.

Mr H. L. Gibson, who appeared for Gudsell and Griffin, said he would agree that there had been a. “ considerable amount of buck-passing during the last fortnight.” Griffin was a victim of circumstances, being in bad health, and * counsel thought the State Advances Corporation should make him a loan. The Mayor, Sir Donald Cameron, had been very much concerned over the case, and the Old People's Welfare Association, organised by Dr H. Palmer, had been making an -attempt to get a place for the defendant. Counsel expressed a hope that the publicity given to the case would result m some help being afforded the defendant. Referring to the case of Gudsell, Mr Gibson' said that this defendant had been living with five children in one room before he had gone to Glasgow street. An assurance had been given by the State Advances Corporation that a place would be made available, but that might not be for some time. Mr R. G. Calvert for the defendant Lloyd, said he thought that in the circumstances, the City Corporation could very well have left his client’s name out of the proceedings. When it had been brought to his notice that the buildings were dangerous, he was quite happy to have them pulled down. Counsel stressed that when th.e closing orders had expired the City Council had not only allowed the heating and lighting facilities to be restored, but had approached the owner on the matter.

The magistrate: Nothing has come before the court to .suggest that the landlord is in any way to blame. He thought that all concerned had acted in a humanitarian manner. All the defendants were convicted and discharged.