Smyrk Not Guilty

Manawatu Times, Volume 62, Issue 36, 12 February 1937, Page 2

Smyrk Not Guilty

JURY’S VERDICT. ON THEFT CHARGE RIDER UPHOLDS INTEGRITY OP CASHIER (Special to “Times”) NAPIER, Feb. 11. The integrity ana reputation or Pat Sharp in, 19-year-old cashier of the Waipawa Hospital Board, were upheld by the jury which brought in a verdict of not guilty on both counts in favour of Percy Raeburn Smyrk, secretary of the board, who pleaded not guilty to two charges of theft of moneys as a servant of the board.

In giving its verdict this afternoon, the jury added the following rider: “That this jury is of the opinion that the witness Sharpin gave his evidence truthfully and to the best of hi's ability, and that the charges against the accused are the outcome of very lax 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’a 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 money with criminal intent. He undoubtedly had been wrong and foolish, but as he had intended to repay the money his Honour’s advice to the jury 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 theft. 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 dishonest mind. His Honour 's advice to the jury in regard to the second count against Smyrk, therefore, was also to bring in a verdict 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 ha 9 retained his position with the 'board, while the 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 verdict 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 the board, is there any wonder that he got muddled?

“It would be very just if you added a rider to yo«r verdict that you believe the boy’s evidence and that you believe the accused? got the boy into tho muddle. You can see that these is a danger of a grave injustice being done otherwise to the boy.” , (The concluding B.tage of the trial is reported on page 6.)