STRUCK OFF THE ROLLS

Poverty Bay Herald, Volume LIII, Issue 16389, 11 July 1927, Page 8

STRUCK OFF THE ROLLS

A GISBORNE SOLICITOR. CHIEF JUSTICE'S COMMENTS (Special to tlio Herald.) WELLINGTON, this day. The application to strike <jff the rolls John Noden Bollard, barrister and solieitor, of Gisborne, came beforo the Court of Appeal to-day, there being on the bench the Chief Justice, Sir Charles Skerrett, and Justices Sim, Stringer and MacGregor. Mr. A. R,. Meek appeared for the Law Society, andl Mr. K. Parry for Bullard. The facts, as .shown oil the affidavit, were that Bullard had' been practising in Gisborne. with E. H. Mann, who died on August 31, 1925. Bullard carried on the. business. When W. H. Irvine audited the firm's account, for the period from April, 1925, to March, 1927, it was discovered that at March 31. 1926, sevetl months after Mann's death, that the trust account was short to the extent of £6764. At March 31, 1927, the shortage in the trust funds had been reduced to £1756. Bullard pleaded that the defalcations were originally those of his partner. When he discovered them, after his partner's death, lie himself was responsible, for certain irregularities and payments in the keeping of the accounts, in an attempt, to pay off the amounts.

Mr. Meek said that in the circumstances only one course was open—to strike. Bullard off the rolls. Mr. Parry stated that thero was very little to be said, and it was unfortunate that what could be said involved a certain amount of imputation on a gentleman who was now dead, and who had been Bullard's partner. It would he seen from Bullard's affidavit that lie suggested that the defalcations were principally those of his partner, and that he knew nothing about them in a large number of cases. ATTEMPTS AT REPAYMENT.

Counsel said it was rather painful to put this before their Honors.' ' Ho submitted that the facts as shown from the audit by Irvine substantiated to a certain limited extent what Bullard had. said. Tire large amount involved sug<gested that the defalcations must have been continuing for some time. Bullard had made real attempts to cover the tracks of his late partner, and to pay the Sums owing, lie had to a certain extent juggled' With the trust accounts, but it was also perfectly clear that he must have borrowed large sums from his relatives. There* were circumstances in the case which showed that Bullard made some attempts to straighten the trust accounts, and counsel submitted that the court should take the facts into consideration when dealing with Bullard. The Worst offence was that Bullard had taken no trouble to-'See that the accounts were properly kept.

The Chief Justice said that the court was of the opinion that no course was open but to strike Bullard off the rolls. Indeed, the solicitor himself appeared to recognise that that was the duty of the court. There were gross irregularities which rendered it necessary for the court to do its duty by making an order. It was true there were circumstances of extenuation. If, at some future date, the applicant should think that by his good conduct he would' be entitled to apply to the court for re-admission, no doubt any tribunal would take into consideration the circumstances Mr. Parry had mentioned.

The court made an order striking Bullard off the rolls, and allowed 20 guineas costs,