Case Against Salesman Ends

Press, Volume CV, Issue 31057, 12 May 1966, Page 20

Case Against Salesman Ends

(N.Z. Press Association) AUCKLAND, May 11.

After seven days of prosecution evidence, the Crown c a s -? against Ronald Henry Baxter, aged 36, a car salesman, has been completed.

Baxter, in the Supreme Court at Auckland, faces 14 charges of forgery and 14 charges of uttering.

The charges concern the importing of motor-vehicles in 1964.

Baxter is represented by Mr R. L. Maclaren and Mr A. Lawson. Mr D. S. Morris anl Mr E. R. Winkel are conducting the Crown case. The trial is before Mr Justice Moller and a jury.

At the conclusion of the Crown case late this afternoon his Honour said the defence opening address and evidence would be heard tomorrow.

The final addresses and his Honour’s summing up would be heard on Monday. The managing-director of J. G. Rutherford, Ltd., James Graham Rutherford, said that in mid-1963 his firm increased its trade in noremittance sales, because of the advent of cars from Australia.

Baxter, already a member of the firm, worked his way into this side of the business until he handled it all himself.

On November 27, 1964, the firm had a stand at the Epsom Show Grounds. Witness received a telephone call there from a sharebroker. He was told that customs officers had been round there with a letter purporting to have come from the broker’s office. “I asked Baxter what he knew about it,” said witness. He replied something to the effect “I know all about

that.” He told Baxter he had better see the Collector of Customs, which he d : d that afternoon. He told witness there was a deficiency of something around £5500. Baxter also said something to the effect that he had been “robbing Peter to pay Paul.” The next Monday he asked Baxter how he got the letters from the broker's office. Baxter replied: “How do you think?”

Baxter’s employment in the firm was terminated that day. After accused left the firm received inquiries from customers. As a result the company had to make certain refunds to them. Mr Morris: How much did you pay?—Between £5OOO and £6OOO at least.

As a result of inquiries the police were called into the case and samples were taken from the firm’s Imperial 70 and Halda typewriters. Cross-examined by Mr Maclaren, witness denied calling at Baxter’s house to try to persuade him to join the firm. As far as he could recall, the approach came the other way when he was working for another firm in Otahuhu, he said.

In the 10 years that the firm had been dealing with no-remittance licences he had never completed an application for a customer. “I wouldn’t know how to type it and I wouldn’t write it,” he said. He had seen customers and taken particulars but he had never completed an application himself. Reuben Webb, a detectivesergeant, officer in charge of the investigation, said he interviewed the accused who told him: “Rutherford, his son and the Customs are in this and a member of the police got a car in this.” “I said, ‘lf you have any allegations to make you could tell me and I could make inquiries.’, “He replied, ‘I am no topper.’ “I said, ‘lt would not be

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topping to co-operate with the police to see that an inquiry is fully made and in any case there is the question of some missing money’,” said witness. “He replied, ‘I had nothing to do with that. I have never taken anything. I will shake your hand and say that’.” Witness said that in the course of the inquiries he saw correspondence which, it had been admitted, was written by the accused. The word “amount” occurred in this.

The word was spelt similarly in bank letters and a sharebroker’s letter which were before the Court. It was spelt “ammount.”