REQUEST FOR NEW TRIAL

Sun (Auckland), Volume IV, Issue 977, 21 May 1930, Page 12

REQUEST FOR NEW TRIAL

LEAVE GRANTED TO BANKRUPT BUILDER Judg e eme„7 a Sel& t d d tnYb* s™*" Court yesterdaUbyVn JuYc^SU a C 'f rence William Bruce, builder of AppeS” Court Jordan), to move i„ ’the appeal Couit for a new trial on a harge of wilfully omitting- to keen b + ook f ' v . ith intent to conceal the ti ue state of his affairs. Bruce was indicted on two charges under the Bankruptcy Act, 1908, fnd was found guiltj-. No objection was taken by counsel for the defence to the verdict on the count of failing to keep within three years of his bankruptcy such books of account as were usual and proper in his business. On this count prisoner was sentenced to tnree months’ imprisonment. *\Vith regard to the first count, however o f wilfully omitting to keep books with intent to conceal the true state of hie affairs, prisoner moved for leave to apply to the Court of Appeal on the ground that the verdict was against the weight of evidence.

His Honour made reference to a cash or balance book handed to the official assignee by the bankrupt on his adjudication, which was not available to the Court at the trial. The assignee could not produce a specific receipt for it, but it .could not be found in . his office. Bankkrupt and his solicitor came to the assignee’s office to assist in a search for it. and the assignee’s recollection at the time was that the book was handed to Mr. Jordan at the counter by a clerk. No continuous record of purchases of timber and materials Had been kept and no record of stock in hand. The book could apply only to a business carried on 'upon a -cash basis, as was claimed by the prisoner, or to records of each particular job. and the Crown would have bene satisfied with that record if it had been kept in the book handed to the official assignee.