CHARGE DISMISSED

Taranaki Daily News, 11 September 1935, Page 10

CHARGE DISMISSED

FALSE REBATE CLAIM ALLEGED ■ . . ’ QUESTION OF DUTY ON BENZINE*A charge of making a false claim forß - "'' rebate of benzine duty against Phillip Stacpoole was dismissed by Mr. W. H. Woodward. S.M., in a reserved decision given in the Magistrate’s Court ' at New Plymouth yesterday. The case' was heard on Monday, when Detective P. Kearney prosecuted and Mr. A.- A. Bennett was counsel f<?r Stacpoole. Stacpoole made a claim for rebate on j 989 gallons Of benzine used in a-drain excavator and concrete mixer duringthe-quarter-ended ip June, 1934. It Was tended that lOC' gallons of this had been used in footer trucks. For Stacpoole Mr. Bpnnptt produced evidence that the benzine' used ‘ ih- the 1 trucks was to replace part-of foe truck’ sup -y taken in foi emergency for tl-je-other foachiriery. . Stacpoole’s explanation given in 1 court had not been supported by the appear- ' ahce of the main witness- from said Mr. Woodward, but his 'explanation was supported by a letter from foe witness and to a lesser extent by other evidence; and it was probably true. There still remained inaccuracies in the claim, but there appeared to be -no falsity or ■ evil intent. On the evidence the case could be dismissed on its merits and without prejudice. The police had had in they circumstances, no option but to lay the information.