CHARGES AGAINST SOLICITOR

Timaru Herald, Volume CXXXVII, Issue 19330, 3 November 1932, Page 11

CHARGES AGAINST SOLICITOR

ALLEGED MISAPPROPRIATION OF FUNDS. By Telegraph—Press Association. AUCKLAND. November 2. Charles Stewart Leahy, solicitor, is on trial to-day charged with the fraudulent misappropriation of sums ol £25 and £176, belonging to a client. The Crown Prosecutor said the accused was suspended from practice last May. The Crown s allegation was that systematic use had been made of the account of a client named Wheeler, who left New Zealand some years ago, to transfer large sums to Leahy's fees account. A total of over £2700 was concerned. The essence of the present charges was that the money had not been distributed by Leahy as his client intended, and it was not now' available. After evidence on the lines of the prosecutor’s statement was heard, accused went into the witness box. He said he had been practising as a solicitor in Auckland for 13 years. About September 1930, Rope Ltd., which was W. R. Rope himself, lent Young £25, because he was in difficulties. That was his first transaction with Young. He acted on Young’s behalf in the sale of a launch, and when the money came in he took £25, of which £ls was in settlement of his costs, and £lO was paid under Young’s instructions as part of refund to Rope Ltd. Accused said he arranged with Young in May 1931. to invest £125 at 7 per cent., until finality was reached with his creditors. Witness dictated to his clerk a document confirming the arrangement, and Young signed this. Perhaps witne;s had himself altered the date, but that had no significance at all. After investigations, his explanation had been accepted by the Law Society. His Honour: “Do you say the explanation has been accepted?’’ Accused: “So I understand, Your Honour.” Mr Dickson: “I understand the Auckland Law Society is satisfied.” 1 .is Honour: “The Auckland Law Society may be, but the Court of Appeal is having something to do with it.” The hearing was adjourned.