Auckland Solicitor Struck Off Ralls

Sun (Auckland), Volume III, Issue 705, 3 July 1929, Page 1

Auckland Solicitor Struck Off Ralls

MISUSED TRUST MONEY JUDGMENT AGAINST CAHILL (From Our Resident Reporter) WELLINGTON, Tuesday. Found guilty of having misappropriated £7OO belonging to a relative to whom he had represented that the money would be invested on a mortgage, Basil Patrick Cahill, of Auckland, was today ordered by the Court of Appeal to be struck off the roll of barristers and solicitors. Cahill was represented by Mr. B. P. Deary, who stated at yesterday’s preliminary hearing that his client was at present in Australia, having left New Zealand as an invalid. A strong case was made out by Mr. H. F, Von Haast, representing the New Zealand Daw Society, who detailed Cahill’s transactions with his relative since 1924 when the money was left with him. . Counsel saicj the evidence did not disclose whether the money had been put into Cahill’s own house or not. In a letter to his relative, Cahill had stressed the fact that the money was not for his own purposes. "One grave feature of the case,” said counsel, “is that when the facts were brought before the society he lied and made statements in his affidavits which I can only characterise as deliberate perjury. There can be no mistake. It was not a question of illhealth, and it is not suggested that he did not know what he was doing.” On behalf of Cahill, Mr. Deary said that the Inferences drawn by Mr. Von Haast. appeared to be justified, and it was impossible for counsel to contend that the case was not a serious one. The fact that Cahill was dealing with a relative did not in any way mitigate his responsibility as a solicitor toward his client. However, the case was not one in which a long series of depredations had been suddenly revealed. Some years ago Cahill’s health became affected, and in that condition he might have fallen an easy victim to temptation. The Chief Justice, Hon. M. Myers, said that the Bench was of the opinion that- Cahill should be struck off the roll. It was true that there was only one instance of dishonesty, but it was coupled with a series of falsehoods, and there was only one course to adopt. Cahill was ordered to pay 15 guineas costs and disbursements to the society.