Breach of Bankruptcy Act

Manawatu Times, Volume 62, Issue 29, 4 February 1937, Page 5

Breach of Bankruptcy Act

BUILDER FOUND GUILTY IN SUPREME COURT Found guilty of a breach of the Bankruptcy Act, Frederick John Duckworth, of Palmerston North, builder, was, at the Supreme Court yesterday afternoon, remanded by the Hon. Air. Justice Ostler till Saturday for sentence. Accused was arraigned on charges: (1) That, having been adjudged bankrupt on December 17, .1935, ho did not, to tho best of his knowledge and belief, discover to tho D.O.A. all his property, and how, and to whom, and for what consideration, ho had disposed of his interest in a motor-oar; (2) that he did not deliver up to the D.O.A. an interest in a car, being part of property under his control; (3) that ho did, in his statement relating to his affairs, make a material omission—his interest in a motor-car. Air. H. R. Cooper conducted the case for the Crown, while Air. G. I. AlcGrcgor looked after tho interests of accused. Tho following jury was empanelled: Alessrs G. Neal (foreman), L. AI. Yule : J. W. Yule, J. P. Holt, P. Childs, W. J. Watts, J. Craig, J. Smith, R. T. AlcGraine, C. J. AlcAffcr, J. J. AlcSliane and J. S. Alurray. Outlining the Crown case to the jury, Air. Cooper said that, after accused was adjudged bankrupt, the statement of his assets that he handed to the D.O.A. contained no reference to an interest in a motor-car. Some months prior to going bankrupt ho handed in a car to Fowler and Porter, Ltd., being unable to meet the payments due on it, and arranged for them to sell it and retain what was owing to them. Later ho paid £5 off what he was owing. As the speaker understood it, the defence would bo that Fowler and Porter had seized the car, but If that were the position, accused would hardly have paid the £5. Later, in consequence of information received, the D.O.A. took possession of the car after paying what was owing on it, £6 4s, together with £4 I9s for repairs, and sold it for £75, which the creditors would not have otherwise had. Evidenco for the Crown was given by G. E. Pollock (Deputy-Registrar of the Supreme Court at Palmerston North), F. C. Litchfield (Deputy Official Assignee), R. Porter, R. J. Aleatyard, P. Fowler, E. Geary and R. W. Priest. This concluded tho case for the Crown, and Air. AlcGregor intimated that ho did not propose to call evidence. The Crown Prosecutor did not address the jury. In his address Mr. McGregor said tho only dispute was the inference that was to be drawn from tho facts. Counsel submitted that accused’s conduct in relation to the car and his bankruptcy had been absolutely frank all tho way through. He had told tho D.O.A. and a meeting of his creditors the whole of tho facts in regard to tho car. Both

' 1 Air. Fowler and Air. Porter had said that they were retaining tho car until accused got up with the payments; yet accused, who was not in possession of the vehicle, was charged with failing to deliver it up to the D.O.A. Counsel suggested that there was no motive for accused making any mis-statements in regard to the car; he was losing everything and there was no reason why he should give Fowler and Porter preference over the creditors.

Summing up, his Honour said tho charges were intended to bo alternative, and a verdict of guilty on one of them was all that tho Crown was seeking. There was uncontradicted evidence that had taken the car in to Fowler and Porter and made arrangements with them to sell it on his behalf, retaining what was owing to them. That clearly ended the hire-purchase agreement and the car becamo accused’s property. Later accused paid off some of what was owing on tho car, and it was hard to believe that he would have done that if the car had been seized. The jury retired at 12.10 o’clock and returned half-an-hour later, announcing that they were unablo to agreo on a verdict, whereupon his Honour informed them that four hours were permitted for their deliberations. The jury subsequently returned at 3.40 with a verdict of guilty on the last count, and his Honour remanded accused till Saturday for sentence. The formation of miniature rifle clubs by students at German high schools has been approved by the Ministry of Education.