The trial was continued in the Darwin Supreme Court this week of Donald Speed ond Allan Leslie Penrose on charges of having stolen a quantity of valves during the last series of Disposals sales, or alternatively, of having received them, knowing them to have been stolen.
In the closing stages of proceedings last week, Squadron Leader Eric Dale, RAAF, gave evidence that he had been responsible for the handing over from RAAF to the Disposals Commission of the valves which were the subject of the charge. He gave details of the check he had made at that time, and of further checks made of valves remaining in Shed SWI after it had been alleged that some valves were missing.
Detective-Sergeant John O'Connor, of Melbourne, gave evidence of interviews with both accused in Melbourne, and of a statement made to him by Penrose. To Mr. Starke, witness stated that his investigations in Melbourne had revealed that Penrose had been a member of the special investigation branch of the AIF in World War II, and that he was held in the highest regard by Senior Detectives of the Melbourne Criminal investigation Department.
Sergeant McNabb, of the Northern Territory Police, gave evidence relating to raids on Vestey's and the Civil Aviation hangar, when a quantity of valves were seized and impounded by the Police. Cross examined by Mr. Starke, witness also admitted his investigations had led him to believe that the reputation of the accused Penrose in Melbourne was very high.
Questioned further by Mr. Starke he could not remember that the witness, Christie, had been in his (McNabb's) car on last Thursday after the court had adjourned. The witness admitted to Mr. Starke that he knew there was a penalty for perjury.
McNabb was further cross examined regarding discrepancie between different lists of valves missing, valves recovered and "surplus" valves which had been made at various times.
At this stage, the Prosecuting Counsel, Mr. Alderman, K.C., closed the case for the Crown.
Mr. Monahan submitted to His Honor that there was no case for Speed to answer. His submission was made on the grounds that it had been necessary for the Crown to prove beyond all reasonable doubt, firstly that the valves now produced in court were the same valves which, on the day of deliveries, had been in Shed SW1 and had later that day been removed elsewhere; and secondly, that the valves discovered during the search at Vestey's and the Civil Aviation hangar had actually been stolen, and that there was no means of accounting for their presence there by any other hypothesis commensurate with commonsense. This, Mr. Monahan submitted, the Crown had failed to do.
His Honor ruled that there was a case against the accused, Speed.
Mr. Starke submitted that the Crown had failed to make out a case against Penrose because Penrose had not been shown to be on any occasion in possession of stolen valves; any handling of valves by Penrose had been consistent with his obtaining delivery of goods purchased by him on behalf of Waltham's.
After a short address by the Prosecuting Counsel, His Honor ruled that there was a case against Penrose.
Mr. Monahan, K.C. for the accused Speed, opened the case for tbe defence. In his address, he stated that the accused would give evidence on his own behalf and that other witnesses would be called.
The accused Speed took the witness stand and was examined by Mr. Sweeney. He stated that he had no technical knowledge of valves, and that he had been the biggest buyer of wireless equipment in Shed SW1, although he did not bid for any lots of valves.
Witness stated that he had accepted delivery of some goods personally on the Friday because he was annoyed with his men for not being there, and that he worked hard to show them how much work he had been able to do in their absence.
The goods had been piled up in the centre of the aisle, and because the hand trucks which were carrying the goods out to the motor trucks had not been able to keep pace with him, they had banked up considerably.
The witness continued that it had been suggested to him during the lunch hour that it might be necessary for him to purchase another truck to enable the removal South of all the goods he had purchased, and he went to SW1 in the afternoon only to check his purchases as to bulk and decide for or against the need for another truck.
Cross-examined by Mr. Alderman, the witness stated that during the whole time he was in Darwin, he believed that the enquiry which was going on had to do with Customs duty. He had heard that there was a quantity of valves missing, but did not know that it was a large quantity. Not until he was arrested in Melbourne did he consider he was likely to be involved in the enquiry regarding the missing valves.
During his conversation with Penrose in SW1 on the afternoon, he had not handled any more than ten valves. Only for having heard the evidence given in court, the witness would have denied having handled any valves at all, and he certainly handled no cartons.
To Mr. Alderman, Speed denied ever having been at Vestey's on the Friday afternoon, and said that the witness, Grant, must have been mistaken in saying that he saw him there.
He admitted to Mr. Alderman that he had no doubt that the valves now produced in court had been in his possession at Vestey's, and that they had come from SW1 on the trucks he and Penrose had been using. Witness could think of no other reasonable method of their coming there.
Speed further admitted that although he had received a letter from Mr. Newell, of Darwin, advising him that there was an enquiry regarding some missing valves and giving a list of valves addressed to Speed which were being held in Darwin, he made no arrangements to have a check made of the number and types of valves in consignments which arrived in Melbourne. He had himself arrived in Melbourne before the first of these consignments.
In further cross-examination, the witness denied that Sergeant McNabb had said anything to him at Vesteys about some valves being missing, and he had retained the impression that the enquiry into the valves in his possession concerned only Customs duty.
Proceeding.
This afternoon Speed found guilty on charge of stealing; Penrose acquitted on both counts and discharged.
After submissions by Mr. Monahan, Speed remanded for sentence to first week of next Supreme Court sitting late in July.
Counsel for Speed indicated that leave to appeal to the High Court of Australia would be sought on the ground of jurisdiction submitted to this Court at beginning of hearing.
Source: Trove Northern Standard (Darwin, NT : 1921 - 1955) Friday 18 June 1948 Page 3
Source: Trove Northern Standard (Darwin, NT : 1921 - 1955) Friday 18 June 1948 Page 1