JUDGMENT DEBTOR’S MEANS

Taranaki Daily News, 18 July 1933, Page 7

JUDGMENT DEBTOR’S MEANS

ALLEGATIONS IN COURT. SETTLEMENT OF THE CLAIM. That Nedo Radich, a judgment debtor, had misinformed the Court as to his means during the hearing of the case against him in February was the allegation made at the Stratford Court yesterday by Mr. A. Coleman, who .was acting for the judgment creditor, E. P. Pridham. An order was made against Radich in February, but as he did not pay he served a sentence of imprisonment. The amount in issue was £2O 2s 6d. When he was examined by Mr. Coleman Radich said he was unemployed and was given meals by his brother, but no “Why do you not get into an unemployment camp, where you would get your keep and 10s a week and pay 5s a week off this debt?” Mr. Coleman asked. “I would have to get bedding before I could go into camp,” Radich said. Could you not borrow £1 from your brother, for that?—He would not lend me Is. Did you not send several amounts of money to your wife in Jugo-Slavia?—l sent some. In reply to queries Radich said he sent £2lO in April, 1931, but he could not remember what other amounts he sent. Radich searched his pockets to see if he could find any documents that would refresh his memory and brought to light a receipt for a registered letter. He claimed that the letter, which was sent in April last, contained only private papers sent to his wife. He could not remember if he sent any money, but did not think that he did as he had not had any money then. SUMS ON FIXED DEPOSIT. Cecil C. W. Hazelden, manager of the Bank of New South Wales at Stratford, said Radich had had two fixed deposits of £2OO each. One matured and was cashed on March 21, 1932, and the other was cashed on March 9, 1933. Both were paid over the counter. The manager of the Bank of Australasia, Charles Massey, said Radich had had money on deposit. In September Radich transferred £5O to his brother John by giving a cheque on it in his brother’s favour. That would mature in May, 1934. In March last a deposit of £250 was drawn by John and £5O last week. “On February 27 last Radich swore he had no money in the bank, yet on March 9 he drew £2OO from the Bank of New South Wales,” Mr. Coleman said. “I submit that his statements are a tissue of falsehood and that no reliance can be placed on his evidence. On March 9, 1931, he deposited the £2OO that he withdrew last March, but he said in the Court in February that he borrowed £2lO from his brother in April, 1931, to send to his wife. I suggest that these money transactions between him and his brother have been carried out so that he can evade his responsibilities. My client is determined, and so am I, that he is not going to get away with this sort of thing. It is time he learned to respect an. oath given in the witnessbox.” The magistrate: I made an order against him in February. .What happened then? Mr. Coleman: He served his time. Since then the additional facts as submitted to-day were brought to light. I suggest that your Worship report this to the right quarter.” The magistrate said he would like time to consider what effect Radich’s having served a sentence had on the case, and he adjourned the case till after luncheon. On the resumption Mr. S. Macalister, acting in place of Mr. Coleman, announced that a settlement had been reached. He asked that the case be struck out. “I will do that,” Mr. Woodward said, “but on the face of it it seems that the debtor committed perjury on February 27. My notes of the evidence taken then and to-day are on the file. I do not think I should direct a prosecution for perjury, but if the police consider the matter is one on which they should act they could do so,” he concluded.