BROTHERS IN COURT

Waikato Times, Volume 130, Issue 21742, 30 May 1942, Page 6

BROTHERS IN COURT

LEVY BOOK CHANGES HANDS AVOIDING ARMY OBLIGATION 1 Lawrence Henry Kenny, aged 28, ! • j was charged in the Magistrate’s ; Court, Hamilton, today with aiding 1 his brother, Harold Eric Kenny, at Frankton Junction on February 5, in the commission of an offence in that he answered questions addressed to Harold Kenny under the National Service Emergency Regulations in a wilfully misleading manner by supplying Harold Kenny with his levy book and military certificate of enrolment. Harold Kenny, aged 23, was charged with failing as a reservist to notify change of address and with making a misleading statement to the ; police respecting his military status. On the latter charge he was sent to i prison for a month. - Lawrence Kenny pleaded not guilty and Harold Kenny guilty. Senior-Sergeant A. G. McHugh ' said Harold Kenny, a reservist for whom an appeal had been lodged and ' dismissed in June, 1941, disappeared soon afterward. Recently he applied at Kawakawa for a taxi driver’s license in the name of Lawrence Kenny. Treatment on Appeal Harold Kenny told the Court he was very sorry for his actions, but at the time he was annoyed because j other men in the same dairy factory j I were appealed for and the appeals j ! allowed. “I was the only one turn- j eci down,” he said. He took his i brother’s levy book. I Remarking that he had caused a | lot of trouble, the magistrate sen- ! ; tcnccd Harold Kenny to one month's ' imprisonment, and told him he I should have taken his obligations ! more seriously. Brother Fined £lO Dealing with the charge against j Lawrence Henry Kenny, Constable i Mills read a statement made by * Lawrence Kenny in which he declared that his brother, who wanted j to evade military .service, had taken j his levy book, which had been paid up until the present month. Recently the levy book had been returned to him by post from Whangarei. A statement by Harold Kenny was also read by the constable. Lawrence Kenny, conducting his own defence, called his brother Harold, who said he took the levy book and a certificate without his brother's , knowledge, about February 20, paying the levy ahead of time at Frankton. He left his employment last July, and went to another district. Questioned by Senior-Sergeant j McHugh, Harold Kenny admitted that his brother had paid the levy • well ahead, and knew witness was going to use the book. The magistrate said it was clear 1 that Lawrence Kenny lent the book to his brother to enable him to evade . his responsibilities and obtain em- ; , ployment in another district. The : j fact that he was engaged now on 1 work of national importance probabI ly saved him from a prison sentence, j ; A line of £lO was imposed.