APPLICATION FOR TYRE AND TUBE STOCKS

Rotorua Morning Post, Issue 5281, 18 December 1946, Page 6

APPLICATION FOR TYRE AND TUBE STOCKS

Information Against Garage Manager Dismissed ■ ,ji g. 1 ■ — - «r«B» Whon Reginald Bruce Olausen, farmer, of Galatea, drcve his eonverted Army truek into a Rotorua garage on May 23 last to have the spare tube repaired, he asked that the job be done quickly, but on eacli of several visits during the day, he learned that more lioles had been l'ound, until they numbered 14 and ihe-tube was tken declared useless for further service. He signed a hlanlc application form before gcing home to the nvilking. . This was the first phase of a. case heard in the Magistrate's Court be'ore Mr. 8. L. Paterson, S.M., yesterday, when Eric Jensen (Mr. Roe), was charged that with intent to deceive, he did make a false statement in an application to the Tyro and Tub'e Controller at Hamilton, by r'alsely certifying that he had inspected two tyres and two tubes when' applying for new stocks. Betective-Sergeant A. J. White said that the application was approved but the Controller wrote directly to Olansen, saying that he had vequired only one tube. This led to inquirics being made bv the police and Mr. White said he had found all the serial numbers on the tyres, whieh were 700 by 17 size, all clearly marked. When defendant was interviewed on November 1, said Mr. White, he stated ttat the particulars would not have been filled in in blank and that he himself had inspected the tyres. Olausen gave evidence as outlined , by the prosecutor. In reply to Mr. Roe, witness said he had dealt easuI ally with the firm befc-re. Evidence I was also given by Norman Clarence R'owe, of Hamilton, who said the Coniroller's offiee relied upon the dealers' reports on the back of the certified i'orms, and by Detective-Sergeant White. Counsel for defendant said that the form left. by Olausen had been sent i !-• teur days later and it was possible j mistake had been made. A practice | hat» grown up of getting people to j sign forms in blank and it was not . on fined to motor garages. Defendant said he had handed over a tube for Olausen to a lady. He liad no previous demand lor this size of tyro and in any case "tyres are a ikbility in a garage." The Magistrate: Bupposing there wns a mistake, would that mean that semeone else who wanted two covers would have in an application for a tube only? — Defendant said he did not know why Olausen had not reccivod the covers. "This is a curious case and it is very difficult to understand," observed Mr. Paterson. "The question is. was the doclaration made with intent to deceive? Defendant made a i-niiemeni lo the police five months al'ter Ihe evenl. and it may he he was rel\ ing on nu-mory. There ara eertain uiH-s.ihiiued matters. ITow did defenda.it get ■Olausen's full name and address and cerlain other parliculars he would have to ohlairt frosti him? "I am not satislied Ihe staterment was made wth intent: to deceive. Of ! .(»nrsi*, iv is imite wrong for these j forms to be signed in blank and it is j uuito likely that if defendant had huon iii'osecuted undcr anotb.er see- • tiou oi' the Act, he would have been nmvicied. Mowever, on the graver charge. ihe case must he dismissed. ' I would point out that if intent were ; jn-oved it would amount lo forgory."