Smyrk Committed for Trial

Manawatu Times, Volume 62, Issue 26, 1 February 1937, Page 2

Smyrk Committed for Trial

ALLEGATIONS OF THEFT (Special to “Times") HASTINGS, Jan. 30. Raeburn Percy Smyrk, secretary to the Waipawa Hospital Board, was committed* to the Suprame Count for trial on a charge of the theft of £45 14/9 from the board on September 29, 1936, by Mr J. Miller, S.M., at the Waipukurau Magistrate’s Court yesterday afternoon. Bail of £2OO was allowed in a personal surety of £IOO and one other of £IOO.

wnen tno Court resumed after Junct Mr. Meredith, supervisor of the Wai pukurau Post Office, gavo details ol the purchase of two money-orders tc the total of £4O 14/9, and Miss F. L Dulton, 'secretary to the Marston Girls School, Karori, Wellingtono, gave evidence os to the forwarding of an account for £45 14/9 to Mr. Smyrk i'oi the ushual termm fees. Charles Gaiar, Government Audit Department Inspector, said that as a result of a telephone message from accused on December 1 ho visited the board’s office tho following morning. He found that Sharpin, tho cashier, was a patient in the hospital as tho result of an accident and was likely to remain so for some time. The accused had told him that he had obtained the keys of the safe from the matron of the hospital. A sum of £4O odd was found in Sharpin’s possession after the accident.. The accused had stated that among effects found in Sharpin \s possession wero receipts by accused for money advanced to him. Accused had stated that he believed he had repaid the money, but at the (same time he produced a sufficient sum to cover the amount of these receipts. Witness had advised him to put this money in a separate envelope until he (Gair) had time to arrive at a balance. When he obtained a balance ho found £55-odd short, and this amount was immediately paid in by accused from the envelope. Statement to Police.

Witness described the taking of a statement from Sharpin and an interview with accused in the presence oi Detective Nutter in the latter’s office on December 22. On being shown. Sharpin's statement accused had said that it was materially correct. Accus--3d said that he had given {Sharpin the impression that he did not wish to Iraw his salary in advance. The detective had then read a definition of theft, ind told accused that his uction in the paying of the. £4O-odd seemed to him (the detective) to constitute theft. Alter a certain amount of discussion Smyrk had agreed that it seemed something like that, but ho had not thought ho was committing theft. The accused had admitted that there had oeen a discussion on the subject of the iashingg of cheques on the lines of the statement mado by Sharpin. Witness said that at the time of tin paying of the school account accused was about £33 overdrawn and even ii ae had drawn, his September salary in advance would still havo been overdrawn. Witness had told accused he must not draw his salary in advance, out lio had owed the cash Bums oi money from July to September, 1930. The amount of money owing to the jashier, after allowing for the roceipts in the safe, was £3O 4/8. Under the Hospital and Charitable Aid Boards Act it was an offence to use money from the sub-imprest account. Overdrawn By Day. Replying to Mr. Marker,, Mr. Gair Admitted that tho September salary ■heque was probably only drawn ono lay in advance. Detective-Sergeant H. Nuttall, of Napier, gave corroborative evidence regarding the interview with accused ho admitted cashing tho cheque fur Dn December 22. On being questioned EBO-odd and paying tho school account with part of tho money. When told :hat what he had done appeared to constitute theft accused had admitted that he knew it was wrong, bu he had no intention of stealing the money, and did not think he was committing theft. When Smyrk asked witness what he proposed to do, he said that ho had not made p his mind. He told accused that in the event of a prosecution lie would not be arrested, but would be brought up .on summons. Mr. Barker, counsel for accused, asked for permission to address the Court in an effort to clear ly what ho felt might have been a inisundermg created by the witness Rathbone .n his evidence regarding entries made sy Sharpin in his sub-imprest, account n November. Mr. Marker recalled hat he had questioned Sharpin in the vitnesw-box as to whether Smyrk knew tho financial position between them, tnd Sharpin had admitted that Smyrk iid not know tho position in Octobei md Sharpin had not prepared a statement, although repeatedly asked to by Smyrk. The position was that Sharpin lad made entries showing banking vhen none* had been made. Committed For Trial. The Magistrate thanked Mr. Barker for elarrifying the position, adding that, ho had been under the impression -and ho feared everyone in tho Court also had been—that Sharpin was being accused of doing something criminal. Mr. Marker explained that this was not intended. It was merely intended to show that Sharpin had done something irregulaf. Sharpin Rad been acting as a banker for Smyrk, foolishly bo no doubt, but still ho had done so, and in view of this and the fact that Sharpin had not given a statenient lo Smyrk, even when requested repeatedly to do so, Smyrk had been misled.

Mr. Marker submitted that there was no case for tho Supreme Court. Tho Magistrate said he had gathered from the replied Rathbone had made that Sharpin had been gguilty of some criminal act, but it appeared now that whatever improper entries Sharpin had made, had been made by Sharpin to shield the secretary. lie held that there was a case for tho Supreme Court, however, and committed tho accused for trial at the next Supreme Court sitting it* Nani-cr.