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£20 FINES OVER
"HO?' TYRES
irofhers Admit
Charge, Make
Resfii'iifion
Two partners of a local motor
firm were each fined £20, with 5/
costs, by Mr. D. L. Richards, S.M.,
in Pirie Court of Summary Juris
diction yesterday, when they ad
mitted through Mr. S. J. Warren
that on November 1, 1951, they had
been in unlawful possession of four
motor tyres reasonably suspected of
having been stolen or unlawfully
obtained.
Defendants were Harold Lindsay
Finlay, of Mansom street, Pirie
West, and Edward Charles Finlay,
of Dunkley street, Pirie South.
It was stated that defendants had
paid £73 18/ as restitution through
their solicitor to the Police Depart
ment.
Sgt. C. Truelove, who prosecuted,
said that the men, who were bro
thers, were partners in. a motor
business in Florence street. On
February 20 they had been inter
viewed at their garage by Det. K.
G'Malley and Railways Detective
Taylor.
They had told the detectives that
quotas of tyres were received by
their firm and that they did not
have many in stock at that time.
When asked if they had any con
signment. notes Harold Finlay said:
•'I know what you are looking for.
Wc made a mistake-and thought
(hat you would have been here be
fore."
On being asked by Harold Fin
lay how many tyres he had receiv
ed from Evan Easton, jun., the
other defendant said: "I think four
the first time and three or four on
the second occasion "
£5 FOR EACH TYRE
Harold Finlay told Det. O'Malley
(bat he knew Easton as a mate of
liis young brother. Some time pre
viously he had seen Easton and
had "fixed up" a car owned by
~Eas ton's mate, a man named
Josephs.
Subsequently, when tyres had
been found in a shed at the garage.
Easton had said that his mate had
obtained them in Kalgoorlie, but
they did not fit his car and he did
not want them. Easton later had
been paid £5 each for the yres—by
cheque.
Defendants, continued Sgt. True
love, said that later they had seen
ether tyres in a shed and had had
ar; idea that they had come from
Easton. Subsequently * they had
received a wire asking for the
value of the tyres to be sent to
Easton in Melbourne, but no reply
was sent to the wire.
Defendants said that the tyres
had been sold, with the exception
of one found at the garage, of
v-hich -the police took possession.
They had read, in "The Recorder"
about tyres having been stolen
from the railways, and Edward Fin
lay was stated to have wanted to
throw the tyres "over the wharf."
Defendants told Det. O'Malley
that they had not gone to the police
e.c they had thought that their
story would not be believed. They
said that they had been foolish and
had sold the tyres.
£73 18/ RESTITUTION
"I had a letter and a cheque for
£73 18/, which was sent through
Mj. Warren as restitution by defen
dants. The cheque was passed to
Itisp. C. E. C. Hudson," Sgt. True
love told the magistrate..
The Magistrate: To whom is
restitution to be made?'
Sgt. Truelove: We don't know.
We do not know to whom the
tyres belonged. I understand
that under the appropriate Act
the money will automatically
go into revenue if it is not
claimed.
"However, despite restitution or
part restitution, I feel that I should
ask for a substantial penalty, other
wise people in similar circum
stances, would not be deterred if
they thought they could pay up if
caught," said Sgt. Truelove.
The prosecutor added that if
tyres were offered for £3 or £5 the
purchaser should know that they
were "hot."
Continuing, Sgt. Truelove said
that defendants had been re-inter
viewed by Det. O'Malley on March
12. The officer told the men that
enquiries had revealed that a tele
gram had been dispatched to them
on November 1, signed by "E. Eas
ton" and stating "Please send value
tc same address." Harold Finlay
said that that was so, but he had
thought the wire had been receiv
ed before November.
RAILWAYS THEFTS
Det. 0*MalIey told the men that
tyre® had been stolen from the rail
ways in Pirie on October 31 and
that a paragraph on the matter had
appeared in "The Recorder" on No
vember 2.
Defendants said that they could
not remember having received
other wires before November 23,
but they remembered having re
ceived one on that date.
Evidence relating to character of
both defendants was given by
Mervyn M. B. Middleton, business
manager, of Senate road, Riscton
Park; George Dey, retired, of Wan
dcarah road, Pirie South; and Allen
J. Howard, garage proprietor, of
Bolmoral road, Risdon Park,
Making submissions, on defen
dants' behalf, Mr. Warren said that
the facts outlined by Sgt. Truelove
were not disputed. Easton had been
brought up. in Pirie and was well
known to defendants, and his repu
tation had been sound to that time.
Defendants had made about £1
10/ profit on each tyre, which was
a little more than normal profit.
They had thought those in the first
lot were a bargain sold by a man
who could not use them, but they
had had strong suspicions when the
second lot was delivered.
"INHERENTLY HONEST'
Mr. Warren said tliat defendants
had been reluctant to go to the
police when the second lot of tyres
was placed on their premises as
they had thought it would open up
the matter of the first lot. In the
end they had been tempted. They
would never cease to regret that
fact because they were inherently
honest.
Both men were public spirited.
They were oustudiaiw of the Pirie
ambulances, and were studying
first-aid in tljeir spare time.
Easlon, who had been responsible
for their downfall, had been pro
secuted for thefts from the rail
ways. On his appearance in Ade
laide Criminal Court he had- been
released on a bond. He (Mr. War
ren) thought Easton had satisfied
the court that Josephs was behind
matters.
The magistrate said that he must
impose a penalty which would have
a deterrent effect. The offence was
serious, but he had taken into ac
count all that had been put forward
on defendants' account.
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