Bankrupt's Non-disclosure of Asset

Manawatu Times, Volume 62, Issue 32, 8 February 1937, Page 10

Bankrupt's Non-disclosure of Asset

FOURTEEN DAYS’ HARD LABOUR IMPOSED Appearing before tho Hon Mr Justice Ostler at the Supreme Court in Palmerston North on Saturday, Frederick John Duckworth, of Palmerston North, a bankrupt builder, who earlier in the week had been found guilty of having omitted from his statement to the Deputy Official Assignee an interest in a motor-car, was sentenced to 14 days ’ hard labour. Speaking on behalf of prisoner, Mr G. I. AtcUregor told tho Court that he was a married man with four children and had been a resident of Palmerston North for a long time, during which X>eriod he had borne an unblemished character. He had commenced business in 1924 as a building contractor. Eariy in 1935 he lost £SOO over a large reconstruction job, and that was really the start of his bankruptcy. His present position in the dock was due more to opportunity and tho peculiar circumstances of tho case placing temptation in his way. The creditors had lost nothing, and the largest creditor said that ho had always found prisoner straightforward in his dealings. Duckworth hud given four years’ war service and had been a prisoner of war in Germany for nine months, suffering very considerably. Although that had nothing to do with the x>resent offence, prisoner’s debt to tho community was possibly offset by his previous sufferings on behalf of tho country when he was incarcerated. Under tho circumstances, counsel asked for probation. Air 11. R. Cooper (Crown Prosecutor) pointed out that x>risoner’s statement had been made on oath. The law exX>ected bankrupts to be frank with the p. O. A. His Honour said the bankruptcy did not seem to be a very creditable one. Duckworth had £llOO worth of unsecured debts and no assets. His wife had a house x )ro P er ty> and in it prisoner had put some timber supplied by one of the creditors, who was not paid. “There can bo no doubt that you deliberately intended to defraud your creditors by concealing your interest in this car,” his Honour told prisoner. “ tt is true that your attempt didn’t succeed It seems that your attempt was just as bad as an attempt to steal, because of the same fraudulent intention. You will be sentenced to 14 days’ hard labour to mark tho disapprobation of the Court for your commercial dishon esty. ’ ’ The sentence, liis Honour added, would start from last Monday.