SOLICITED A BRIBE

Chronicle (Levin), 10 August 1948, Page 6

SOLICITED A BRIBE

Press Association)

Clerk Apcepts ffioney For Building Permit

(Per

AUCKLAND; August 9". « Two breaehes of the Becret Couunis sions Act, 1910, vvnre admitted by a former meinber of tlie staff of the Auckland Building Controller, Btephoi) Patrick Foster, aged 49, storeman (Mr Ilartj, before Alr. J. II. Luxford, S.AL, laid under section 4 of tlie Act. The charges vvere tliat 011 or about Alay 5, he corruptly sollcitcd All U froni Ern Tliomas Brown as a reward for faeihtating tlie granting of a building permit to Brovvu, aud tliat, about tke sanudate, lie aceepted monev. Erie Tbomas Brovvu, clerk, said iu Ovidence tliat some time before Alarch 1(> he teleplioued the building eontrol ollice iu Auckland to lind out vvliat Hoor space he vvould be allovved for a house he proposed to build. From whai the person said he understood he vvould I »e entitled to .build a house of I45fl square I'eet ot tlocr space. Witness said he called later at the ollice to conlirn, the telephone conversation and savv accused who told hini his nanie wai Foster. There vvere three bedroonis in the plan. Accused explained tliat af present four bedroonis would be re(|inred iu u lumse ot' 1 150 feet. "1 agieed 1 vvould ananui the plan to provide I'ur four bedroonis," continued witness. On .March 1(5 he vvrote to the Taka j)iina Borough, Couia il enclosing the amended plan and un applicatiGn for u building permit. About A]»ril 30 vvit ness reeeived a letter froiu the building eontrol oilice slaling that his applica tion had been ml'used. The lettei stated that he vvtis only entitled to iiuild a house of 130(1 feet of ilooi spiice. Witness said tliat as the result of ihe letter he vvent to the building con Lrol ottice to sue someoue. lle asked for I'oster aud savv him. He asked v\ ti \ ihe applii'utiou had been rejecled in . iew ot the iat that lie Jiad put it in in accordaii'-t vvtih their requiremeirts. ''Accused then seemed verv surprised il was rejected and said it vvas uorth 1130 feet oi' un.vone's monev.' said witness. "I s.sked accused whai 1 sliould do and he suggested 1 vvrite a letter expiainiiig the positiou of mv lamil.v, ' eontinia'il witness. | "Then accused asked me: ' TIow j badly do you want tkis house?" I said ! I had one of the best v/aterfrent sec- { tions a,. Takapuna and I was not going j to build a sniail house on it. "Accused then said to me perknps two iivers in a plain envelope nngnt , help," said witness. "I was a bit j staggered. I did .uot expect that. j T'liera was no fiu'ther conversation and I left." "I thoiight the matter over and it lordted to me tlie only way 1 could g(ft the spaee I was entitled to, was to pay , the juoney as recpiested, " added vvit ness. ''I collected the original pians and speeilieations troni the Takapuna Borough Comicil and took tiiem, to gether vvilh. the ietter and together with a plain enveloiu- and two £•") notes, to the Building ( 'onl l ullei "s ottice on .May •") and asked for accused. I handed him ail those doeumcuts am.l tlie plain envelope containiiig tlie £5 notes. # Accused canie to ihe cpunter after.T had asked for hii.\. f •" . , ' 1 •. "Accused said noth'i ng ^aiid- difl not read any of t he docuinents, " said vvit ness. "The letter was iiot iii an envelope Init was niuned to tlie ply.ns. " To the .Magistrate, witness said the envelope was luos,_> o*n top oi' tlu bundle and lie doubted verv inucti it accused could have avoided seeiug tlu1 envciojie. To Alr. llart, witness said lie got wliat he origiually asked for. The advice givcii him by accused in tlie tirst place was coriei t. Tliomas AIcKuight. radio engineer, said that l'toui i'eoiuarv ?(i t'» Julv 1(3, 194-S, he was in"ehaige oi' the building eontrol ottice iu Auckland. Accused was employed iu tiie nltice for about two vears. llis job was mainly iu couuectinji with nmlerirls vvhich vvere scarce. On oci-a.-ions he assistedin signing outward mail. Some of that ntail includeiL aut'ao: ities to construd houses. lie signed vv.tli witness 's uanie aad his mvii initiais. The approval oi tiie auihorifies vvould be given earlier

l\v other ofticers. 1 Alr. Hart: Tiie aftairs in your office h'a ve been in a ehaotic state lately? Witness: 1 don't knovv that. I can sav that th.ere was too much work for ihe stalf av ailable and anatfers kpd to l|e deferred. - ■* ; **''" ' v Detectiv e-Sergeant il. Slater said he interviewed accused who at tirst agreed iq make a statemeht but later said he •.vo'ihi ratiier not. ale'wanted to knovv vvlititlui?. he would Hue tried uhder *the Buulie ..Serviee Rqgulations or by a muri. Alr. llart: I'nder section 3 of the Act Brovvu would liormally be prosecuted toi' otl'ering bribes. Is that so 1 Witness: Yes. That . is for otl'ering bribes. Alr. llart: ("an you sav that Brown is being prosecuted? Witness: I do not think so. Brown is not being prosecuted because he only got vvliat he was nornially entitled to. Alr. Luxford: Is tliat whv lie is not being prosecuted l Wa ness.: No. Ile is not Ilieiug prosecuted. I'oster was committed to the Bupreme Court for sentence 011 August 19. He maue a voluntarv api>earance. Bait was allovved at £50 vvitli one -sureiy oi £50.