VOLUNTARY CONFESSION

Evening Star, Issue 19789, 13 February 1928, Page 7

VOLUNTARY CONFESSION

TO CLEAR INNOCENT PEOPLE YEARS-OLD OFFENCES ADMITTED “ About twelve months ago I heard that innocent people were being blamed, so I decided to write clearing the matter up and admitting the offences,” said Charles James _ Withey when appearing for sentence this morning in the Suprcnm Court, before His Honor Mr Justice Sim. The offences to which Wither had pleaded guilty were committed in March, 1923, and October, 1924, and were respectively the committing of wilful mischief at Wedderburn by breaking windows, the property of the Government, and the theft of a case of gin, the property of the New Zealand Government.

The Crown Prosecutor (Mr F. B. Adams) said the case was a peculiar one because of the voluntary confession of the prisoner In August, 1921, Withey wrote a letter to Constable Bandy from Crookston, where he was employed, but counsel noticed from the police file that Withey left his employment there shortly afterwards. By the time the police made inquiries, which did not seem to have been very prompt, Withey had left the place and his address was not known. He was located this month and made a perfectly frank and full . nfession.

His Honor asked if the police had any idea that Withey had any connection with the breaking of the window and the theft of the gin. Mr Adams replied that accused was not suspected as far as the gin was concerned. The circumstances of the breaking of the windows, however, strongly pointed to accused, who, with another man, was questioned at the time. There was not sufficient evidence to convict either of them. Accused was in charge of cattle in a paddock, hut it could not be said whether he was there or not all night. It seemed clear that the offences were committed while Withey was under the influence of liquor, and it also seemed clear that when he took liquor Withey became queer. The case was one which would have been dealt with in tho lower court hut for the lapse of time. His Honor said that the Probation Officer recommended probation, and it seemed to be a case in which he would bo justified in releasing the prisoner on probation. Tho prisoner would he released on probation for a term of three years. Conditions of the probation would he that Withey took out a prohibition order and renewed it from time to time; that he paid for the gin stolen and for the windows which he foolishly broke; and that he paid tho costs of the prosecution (£1 11s). The value of the windows broken was £24 5s and the gin was worth £5 10s, Withey being ordered to refund these amounts by instalments to the satisfaction of the Probation Officer.