LEGAL ARGUMENT IN THE MALING CASE

Wanganui Chronicle, Volume 71, Issue 176, 27 July 1928, Page 7

LEGAL ARGUMENT IN THE MALING CASE

ACTION TO PROCEED t By Telegraph—Per Press Assn.—Copyright J L Australian Press Assn, j Received July’ 26, 8 p.m. SYDNEY, July 26. The case for the prosecution has concluded in the hearing of the graft charges against Silas Maling, former chief of the city electrical department. Inspector B. Mackay detailed his investigation and conversations with Maliiig in New Zealand. Arthur Henry Albert recounted his interview with Maling, in which the latter asked him to allow certain money from England to pass through his bank account. A sum of £10,600 came, and witness got none of it. He received no acknowledgement of payment of the money' to Maling. Albert admitted that he had had trouble with the Income Tax Department, but not over the money mentioned. He denied telling Maling that the “whole thing had come out,” or that he had been assessed for a large sum which he could not pay. Dr. Evatt, coun el fur Maling, submitted there was no case to answer on legal grounds, as it was clear that the whole of the transaction was a portion of trade and commerce with another country', as provided under the Commonwealth constitution. If Arnot’s evidence were accepted it would bo clear that Arnot and Maling .vould be guilty of an offence, .ot under the New {South Wales Act, but under the Federal Secret Commissions Act, under which offences were punishable only after conviction by a jury. The construction of the State Act must, of necessity’, be confined to a transaction. within the State, After argument the Magistrate held that he had jurisdiction and there was a case to answer. Gwynn Boyd, of the city electrical department, the first witness for the defence, gave evidence that ho examined tenders for the Bunnerong contract and ho had no doubt that the Babcock WQcox tender was the best. Maling at no time endeavoured to influence his conclusion. The hearing was then adjourned.