CHARGE UNDER LAND ACT

Rotorua Morning Post, Issue 5280, 17 December 1946, Page 5

CHARGE UNDER LAND ACT

(Special to ''Morning Post")

LATEST AMENDMENT FIRST CASE BROUGHT BEFORE MAGISTRATE

PALMERSTON N., Last Night. A case of Dominion-wicle interest was heard before Mr. C. C. Marsak, S.M., in the Magistrate's Court *• to-day when William Jonathan Crawford, printer and publisher, of Palmerston North, was charged that 011 Deeember 13 1946, he entered into . an agreement with John Henry Simmonds for the latter to pay £235 as part purchase price of a property situated at Shamrock Street, Palmerston North, such arrangement being inconsistent with an applieation to be made under Class-3 of the Servicemens' Settlement Act and Land Saies Act, 1943. It is believed to be the first case of its kind in which the latest amendment to the Servicemens' Settlement and Land Saies Act, dated October 7, 1946, will apply. This amendment provides power for a Magistrate 'to order the refund of all money paid' in excess of the aetual price of the property and also grant indemnification of all witnesses in the case. After the case for the prosecution had been presented, Mr. A. M. Ongley, for Crawford, applied to have the case dismissed on the grounds that Simmonds, an ex-serviceman, had been an aecomplice in the transaction and that the law of the country insisted that it was unwise to convict a person on the uneorroborated evidence of an aecomplice. He elaimed that at that stage of the proceedings the only evidence of an offenee and the only evidence attempting to eonnect defendant with it was that of Simmonds, who was an aecomplice. Not only was Simmonds an aecomplice, he submitted, but also on his c/wn statement from the box, Simmonds, to further his own ends, had acquiesced in a lie and made a false declaration. Mr. Ongley stressed the dangers of the present legislation, saying that it placed a dangerous weapon ■ in the hands of unscrupulous persons.' The Magistrate hriefly reviev/ed certain sections of the evidence holding that swfficient corroboration had been fcrthcomiiig to v/arrant a case being made out. At the conclusion pf the hearing he intimated that he dsd not intend to give a snap judgment on a question of such great importance and that he would take time lo consider his decision and put it in writing. The outcome of the charge will he awaited with more than usual inlerest throughout the country. Crawford entered a plea of not guilty. Senior-Detective O. Power condueted the prosecution.