THEFT OF TYRE

Evening Post, Volume CXXVI, Issue 153, 2 December 1938, Page 13

THEFT OF TYRE

WHARF LABOURER GAOLED

In the Magistrate's Court today Ronald John Kelly, a wharf labourer, was charged, before Mr. J. L. Stout, S.M., with the theft of a motor tyre and tube, of a total value of £2, the property of the Wellington Harbour Board.

Kelly, who was represented by" Mr. C. A. L. Treadwell, pleaded not guilty.

The defendant was employed with a number of others unloading cargo, said Sub-Inspector D. A. McLean. During the course of the evening one of the Harbour Board staff saw the accused walking along the wharf carrying something and concluded that something was amiss. Later he spoke to the accused and said: "If you bring back that tyre you stole, nothing more will be said about it." Later the accused delivered the tyre to the man who spoke to him. The matter was later reported to the police.

William Walter Brown, cargo foreman, gave evidence along the lines indicated by the sub-inspector. To Mr. Treadwell he said that he was not prepared to say that the accused was drunk or intoxicated. Witness denied he had later told Kelly that he had broken his word about not reporting the matter because he was going on to superannuation shortly.

Detective W. Ritchie read an unsigned statement which he stated he had taken from Kelly. In the statement the accused said that had he not been under the influence of liquor he would not have done the thing. He did not intend/to steal the tyre, and the whole thing was a joke. He acted on'the spur of the moment, and took the tyre as a sort of challenge to chaffing from other workers. /

The whole question was whether the accused took the tyre with the intention of permanently depriving the owner of it, said Mr. Treadwell. He submitted that this was not the case.

A witness called by Mr. Treadwell described how Kelly, under the influence of liquor, walked off with the tyre after some chaffing remarks had been made.

Kelly was convicted and sentenced to 14 days' imprisonment.