P. R. Smyrk on Trial

Manawatu Times, Volume 62, Issue 35, 11 February 1937, Page 2

P. R. Smyrk on Trial

NAPIER, Feb. 10. ’ The Supreme Court gallery at i Napier was well filled this morning when the trial began before Mr Justice Ostler of Percy Raeburn Smyrk, secretary of tho Waipawa Hospital Board. He is charged first with stealing the sum of £45 14/0 on September 29, 1936, in his capacity as servant of the board, and secondly with stealing £24 on August 1, 1936, and from that date up to December 1, 1936, moneys amounting to £45 1/10* *n all three instances the money was the property of the Waipawa Hospital Board.

The hearing was still in progress when tho Herald-Tribune went to press this afternoon, the Crown (with seven witnesses) not having concluded it.s case. The prosecution was conducted by the Crown Prosecutor, Mr H. B. Lusk. Smyrk was represented by Mr C. G. Harker. The following jury was empanelled: Messrs A. H. Fisher (foreman), A. Hardacre, R. A. Lee, N. J. McCormick, R. B. Ewen, T. H. Harrjson, F. B. Younghusband, A. Deverell, J. A. Hannah, A. Findlay, T. L„ Lister and R. O. Holt. When tho jury was being empanelled, Mr Lusk challenged six jurors and Mr Harker three. In outlining the case for the Crown, Mr Lusk said that tho charge of theft of the £45 concerned the cashing of a cheque. Although the money had been repaid, the Crown asked the jury to acoept the fact that nevertheless &myrk had misappropriated the money, which had been taken by him out of the imprest account. In March, 1935, when a man named Sharpin took over the petty-cash imprest account, Smyrk had an 1.0. U. for £5 in the account. From that time until some time in 1936 Smyrk continued to borrow moneys, putting in l.O.U’s. In September last Smyrk owed the account £5. At that time he owed the Marsden School, Wellington, £45 14/9, and he asked Sharpin to pay it. Sharpin said he had not the money and that Smyrk was already £5 overdrawn. But Sharpin had a cheque for £B4 to be used for the paying of travelling expenses of board members. At the end of September the cheque was* cashed, and on September 29 Sharpin paid Smyrk’a accouut at his request. The board was to meet in October, when tho money would have to be paid over to board members, so Smyrk borrowed from the petty-cash imprest account and paid back tho travelling-ex-pense money. 4 4 The case for the Crown is that from July to December last Smyrk was never square with the imprest account and was always owing it something,” concluded Mr. Lusk. He then proceeded to call evidence in support of his submissions, the Crown witnesses testifying along the lines of their Lower Court evidence. The first witness was Pat Sharpin, cashier to the Waipawa Hospital Board, who told how Smyrk borrowed money from the petty-cash imprest account from time to time, leading up to his request that his Marsden School ac-' count should be paid out of the cheque for £B4. Smyrk Asked for Statement. Cross-examined by Mr Harker, Sharpin said there was never any suggestion that Smyrk should retain any of the moneys he had borrowed. Beforo December 1, Smyrk repeatedly asked witness to lot him have a statement of hia account. This was not given him. Mr Harker: I put it to you that Smyrk could not have known the position of his account? ; Sharpin; He didn’t know exactly how it stood. IWhy on earth didn’t you give him a statement? —“Because I didn’t know how it stood myself.” His Honour: What salary do you get? Sharpin: £IOB a year. Are you still employed by the board? —“I am in the board’s employ at the( Sanatorium.” His Honour: Is there anyone else in the administration department besides this witness and the accused? Mr Harker.- There are the accountant and pome typists.[■‘Seems Curious. 4,1 His Honour: It seems rather curious that they should put a youth of 19 in charge of the banking, when there is an accountant. Mr Harker: The accountant did the work allotted to him by the board, and this banking work was allotted to Sharpin by the board. His Honour: Well, it seems an extraordinary thing that this work should be allotted to him. Cross-examined further, Sharpin said that in November he filled in the bank pay-in slips, but did not pay the cheques into the bank. He acted in this way because he did not think it right to Bank cheques without banking cash received as well; and he could not bank cash as he had paid it out to Smyrk as an advance against salary. Mr Harker: You didn’t know where you were with your banking? Sharpin: Yes, I did. t put it to you that you did not know where you were with Smyrk’a banking?— 44 1 did not know exactly where I stood.” Payment of Account. Did you have the only key to the safe?— 44 Y05.” Is it true that at that time (November. 1936) there was £B6 9/1 belonging to the general account in the safe and £1343 3/7 belonging to the Pukeora account?—“Yes.” Do you know that you paid out £l6 9/11 out of the imprest account and had not given yourself credit for it? —“I knew only when the auditors came.” I put it to you that whenever Smyrk had occasion to speak to you about errors he always treated you kindly and courteously ?-—■* 4 Yes. * * And that Mr. Knoblock (accountant) did also?—“Yes.” I understand that you said before that you paid the Marsden School account out of imprest at the request of SmyTk?—“Yes.” Then if Smyrk says He told you to pay the account out of Ms salary (which was paid the same day) that would not be true?—“lt is absolutely, Incorrect.”