Smyrk Not Guilty

Hawke's Bay Herald-Tribune, Issue 23, 11 February 1937, Page 5

Smyrk Not Guilty

JURY'S VERDICT ON THEFT CHARGE

Rider Upholds Integrity of Cashier "LAX SUPERVISI0N" The integrity and reputation of Pat Sharpin, 19-year-old cashier of the Waipawa Hospital Board, were uphedd by the jury which brought in a verdict of not guilty on hoth counts in favour of Percy Raeburn Smyrk, seeretary of the board, who pleaded not guilty to two charges of theft of moneys as a servant of the board. In giving its verdiet this afternoc-n, the jury added the following rider: "That this jurj is of the opinion that the witness Sharpin gave his evidence trutfifully and to the best of his ability, and that the charges against the accused are the outcome of very las supervision of the office." in his summing-up, his Honour pointed out that such a rider would clear the reputation of Sharpin, who, he said, had been made the scapegoat for Smyrk' s transactions. Continuing his summing-up to tho jury ' this morning, his Honour said that insofar 'as the first count was concerned, he did not think that Smyrk had taken the monoy with criminal intent. He undoubtedly had been wrong and foolish, but as he had intended to repay the money his Honour 's adviee to the juTy was to find Smyrk not guilty of theft. It was a remarkable thing, his Honour added, when dealing with the second count, that the Hospitals and Charitable Aid Act had a provision that, even if a man intended to repay moneys borrowed, he would be deemed guilty of \heft. If a man were found guilty on such a charge before his Honour, he would not think of sending him to gaol, as the circumstances would not show the man to have a dis* honest mind. His Honour 's advice to the jury in regard. to the second count against Smyrk, therefore, was also to bring in a verdiet of not guilty. "But there is one aspect that troubles me very much," he added. "You will have noticed that this boy Sharpin has been made the scapegoat. But there was not a single suggestion by the police of dishonesty on the part of the boy. Notwithstanding this, as far as I know, the accused has retained his position with the board, while tho boy , has been dismissed from his position as cashier and given a temporary position at the Pukeora Sanatorium. "Now, there is this danger when a verdiet of not guilty as returned in favour of Smyrk: that you might be thought to presume that the boy has lied. But if you believe all that the boy has said, and that he was put into an "unfair position in his work for fhe board, is there any wondef that he got muddled? "It would be very just if you added a rider to your verdiet that you believe the boy 's evidence and that you believe the accused got the boy into the muddle. You can see that there is a danger of a grave injustice being done otherwlse to the boy." (Th© concluding st-age of the trial is reported on page 6.)