Detective Watched From Ship's Hold

Chronicle (Levin), 15 July 1947, Page 7

Detective Watched From Ship's Hold

■Press Association

By Telegraph-

CHRISTCHURCH, July 14.. A charge of attemptingto steal ships' •cargo " from the Kopara at Lyttelton on April 10 broug'ht against William Nicol, a Lyttelton waterside worlcer, was dismissed- by Mr. A. A. McLaehlan, S.M., in the Magistrate 's Court this morning. The magistrate held that although the circuihstaiiees of the case were suspicious, no evidence of attempting to steal had Ueen proved. Nicol, who was represented by Mr. M. J. Gresson, pleaded not guilty. Considerable interest was attaclied to the hearing of the case and seating ae> commodation in the court and most of the standing space were occnpied by waterside workers from Lyttelton and members of commercial and manufacturing interests in the city. DetectiveSergeant A. A. Herron conducted the prosecution. No work was done on the waterfront at Lyttelton today. George Gunn, chief officer of the Kopara, said the vessel was discharging at Lyttelton on April 10. At 9 a.m. on that date he found a case which had •been pillaged and sent for Detective Ward of the Lyttelton police. Later the same morning he found another case which had been pillaged. Both cases were consigned to Hays, Ltd., Christchurch. Andrew Ola Poulsen, foreman stevedore, said Nicol was employed on the Kopara in No. 2 hold on April 10. Detective Erie Gladstone Ward said he went to the Kopara on the morning of April 10 and . inspected a damaged case. There were empty cardboard eartons direetly under a hole in a case. It appeared that nine and a half dozen pairs of women 'sstoekings were missing from the case. About 12.30 p.m. the same day, in response to another call, he returned to the Kopara. With the chief officer he entered No. 2 hold and saw a case in the lower hold marked | Hays, Ltd. He deseribed the damage to I the case and said that he saw bale hook ' niarks on broken pieces'of batten. There was a dark hole about 6 feet deep against the ship's side at a corner oi which cases were stacked, and he decided to wait there and keep watcli on the cargo. "Work begau with unloading bales of wool from the lower hold about one o'cloek and no interest was taken in Hays' cargo nntil 1.30," said Detective Ward. " Accused was in the hold. Following some discussion among the men at which aecused was present, I saw accused climb up 011 to the staek of cases and look at tliem. He then prised a board from the top of a case marked No. 5 and branded Hays, Gloucester Street. He used his bale hook to lever up oue end. ,On lifting the board aceused said: 'Someone has been at this before. It is only pyjamas'. He then knocked the boards back into place and lifted the ends of a number o'f cases. While he was on top of the cases someone from 011 deck called out 'Where is that humijn spider?' Accused then got down from the cases and several bales of wool were discharged. "Shortly after accused went back to a case and remarked: 'This one seems a bit lighter. There might be sometliing worth while in it'. I later saw that that case was branded Hays, Ltd. "While I was watching, accused, who was then about four feet away from me

levered a board from this case and tore the case lining and passed the remark: 'It- is pyjamas again. ' He pulled one of the pairs of pyjamas three parts from the case and said: 'Does anyone want a pair of pyjamas?' Someone pre-r . sent said they were too bnlky and accused then pushed the pyjamas back into the case and knocked the board back into place," continued Detective Ward. ' ' Accused then went. qn discharging bales of wool but shortly ' afterwards ' came back and started lifting up the ends of cases with his bale hook. He lifted the end of a case' marked No. 4j behind which I was hiding, and put it back again. There was then some conversation between accused and another ipan. This man said: 'I conld do with some new shirts'. At the same time he pointed to a toru black shirt 'which he was wearing. After trying the weight of several cases accused came back .to case No. 4 and tried to pull it away from the side of the sliip. He then said: 'Look what's liere?' It was perfectly obvious that he had seen me. I. then came out and sat down alongside accused qu a bale of wool. I said to hirn: 'You are lucky you did not take anything or find any silk stockings. ' Accused said he did not know what I was talking ahout. I then left the hold." ' ' At what point was there an attempt to steal?" asked Mr. Gresson. The magistrate asked at what stagc was there any more than an abortive attempt to steal. "If-a man pulls a board off and nails it' back on again then, aceordin'g to the law, he does not attempt to steal. The -evidence shows that tliis man . did not want the pyjamas." The magistrate adde'd that ' he was eharged with the serious criminal ofEence of attemptiug/Jto steal ship's cargo and his actions did not establish that h*e ha'd1 attemptp^'fq steal. ' The matter was fraught'vqth 'niu'ch suspic1011 but ever since Brit^sh criminal justice had been put on a proper. footing, it had been necessary.to do more than to establish suspicion. , The Crown, in setting out to establish a case of attempted theft, must. bj'ing evidence to show that there was intention to commit theft. If the charge was of interfering with' ship's cargo he would be prepared to say that a case had been established. The effect of dismissing the charge' might be to reassure. those with thoughts of pillaging cargo but the court could not deal with that now. It must deal with the evidence only and the evidence fell short of establishing" an attempt to commit theft, he said.