UNRELIABLE WITNESSES

Wairarapa Times-Age, 8 June 1938, Page 2

UNRELIABLE WITNESSES

CHARGES AGAINST INSPECTOR DISMISSED BY MAGISTRATE (By Telegraph—Press Association.) AUCKLAND, June 7. “I cannot bring myself to convict a man of a serious offence such as this on the evidence produced and the case is certainly not strong enough,” said Mr C.. R. Orr-Walker, S.M., in the Magistrates’ Court when Edmund John Champion Finny, traffic inspector employed by the Devonport Borough Council, was charged with fraudulently omitting to account to the Auckland City Council for sums totalling £l5 6s 2d. - Five charges preferred against defendant were dismissed. The case had been adjourned from Thursday, when defendant pleaded not guilty to all the charges. When the case was reopened today, R. B. Lusk, legal practitioner, stated he had come to the court of his own accord to testify to the excellent character of defendant.

A qualified accountant stated in evidence that he had conducted an investigation into the business of two of the previous witnesses and had found one of them to be shifty and unreliable. A solicitor also stated that one of the witnesses had been definitely untruthful in his dealings with him. Defendant denied numerous statements made by previous witnesses, stating that several had told untruths, the reason being to avoid prosecution for failure to possess heavy traffic licences. “In a criminal case one must have stronger evidence than in a civil action,” said the magistrate. “One has to act as judge and jury, but I am quite sure no jury would convict defendant. The evidence of his good character is overwhelming and one could hardly ask for a better character.” <