YOUNG MAN DENIES STEALING PARTS FROM CAR

Press, Volume C, Issue 29511, 12 May 1961, Page 10

YOUNG MAN DENIES STEALING PARTS FROM CAR

Donald Henry John Kirdy, aged 23, a factory worker, denied in the Supreme Court yesterday, before Mr Justice Richmond and a jury, a charge of stealing car parts and accessories, valued at £55, the property of Daniel David Robins, on October 1, 1960.

All the evidence in the trial had been given when his Honour adjourned the Court until today. The Crown Prosecutor (Mr P. T. Mahon) conducted the j prosecution. Mr R. J. de I Gold! appeared for Kirdy. Mr Mahon said that a youth jnamed Robins, a panel beater, [rented a garage in Bordesley street. Linwood. He had I a 1939 Ford V 8 car in the [garage and had the engine and gearbox removed from [his car for repairs. In the [garage was the body of another Ford VB. a 1935 one This belonged to a young man named Leo Keith Swan, an electro-plater. “Robins will say that about October 8 or 9 he went to the garage and found that his car had been stripped of all movable parts, including the dashboard, radiator, and steering box. Robins gave the police a list of the missing [parts,” Mr Mahon said. I Some of the parts missing were lying round the car [The police began inquiries, .and Robins knew that several youths lived at the address where he rented the garage [Robins would say he was [making inquiries about two 'days later when he heard a [car start up in the garage (He found the accused and 'another man were tow’ing [away the body of his car. Robins asked the accused what he was doing, and the accused said the youth Swan had authorised him to take Robins’s car. The accused said, Robins would say. that Swan had given him his old car and also that Swan had given him Robns's car, as well. Parts Found The police went to the accused's home, said Mr Mahon, and found the missing parts of Robins's car. The accused said be w’ent to the garage about 2 a.m. on October 3 and took Swan's car. All the parts were in Sw’ans car, which he had towed away. Two days later, the accused told the police, he went back to get Robins’s car, which Swan said he could take. "This man Swan will say he did give the accused authority to take his car, the older one. Swan will say he took the accused to the garage and pointed out his car. Swan will say the accused asked him whose was the other car. and Swan will say that he told the accused that it belonged to Robins,” Mr Mahon said. Robins would say that some of the parts from his car taken from the garage were lying around in the garage, but that others had been

fixed to the car. None of them was in Swan's car, Robins gave evidence on the lines of counsel’s opening. Cross-examined by Mr de G'oldi, Robins said there were about 10 garages at this address, and more than two old cars there. The yard containing the garages gave on to the road and was untidy. Crown Witnesses Robins said that the accused, when asked where he was going with Robins’s car. unhesitatingly said the car had been given to him by Swan. When told it was Robins’s car, the accused wanted to give it back to him. Swan said he showed the accused his car. He said the other car was Robins’s and did not tell the accused be could have Robins’s car. David Groves, a panelbeater, in cross-examination said that he understood the accused had been given the two cars. The accused did not strip parts from Robins’s car. He put a radiator in Swan's car. The radiator was lying against Swan’s car.

When the car was taken to the accused’s place, parts were found in it.

To his Honour, the witness said the accused told him he was entitled to take the two cars. Defence Case Opening the defence. Mr de Goldi said the accused's simple defence was that he believed he had been given not only the sedan car body belonging to Swan but also the coupe body owned by Robins. The accused would give evidence that he found the car parts in or leaning against Swan’s car, and thought they belonged to that car.

In evidence, the accused denied stripping any parts from Robins’s car. Swan had told him that both cars belonged to him. To Mr Mahon, the accused said Swan had not told him he could have car parts He was very surprised to find the parts in'Swan’s car when he had towed it home To his Honour, the accused said he could think of no reason why Swan had told him he could have both cars if the second was Robins's car.