Court told about man's pragmatic approach to debts

FROM THE ARCHIVES - June 21st 1975: THE RECESSION in the 1970s caused the usual problems for people afflicted by unemployment…

FROM THE ARCHIVES - June 21st 1975:THE RECESSION in the 1970s caused the usual problems for people afflicted by unemployment and debts, like this man whose pragmatic method of dealing with them was recorded by Nell McCafferty in her regular In the Eyes of the Lawcolumn about the workings of the district courts.

Did he want to be tried here or before a higher court, District Justice Good asked the man in blazer and slacks who stood in the dock of Dublin District Court 6. “Here, please, Justice,” said the man agreeably. How did he plead, the Justice asked him. “I’m guilty, Justice,” said the man in an unpleading tone.

He faced multiple charges of obtaining goods and cash by issuing fraudulent cheques, to a total amount of £90.

“The accused did have accounts previously at the two banks,” said the prosecuting guard, “but they had since lapsed due to insufficient funds. The banks declined to give him further cheques in view of the situation.

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“The cheques he used were old ones and cheques he had got from other branches. He simply wrote in his name . . . he obtained mostly petrol with them. When the petrol was in the tank, it was difficult for the attendant to refuse a cheque. He also obtained groceries and cash.

“None of the money has been recovered at the moment, but I understand he will be in a position to rectify this in a few days, and he may want to speak to you about that, Justice. He has no previous convictions.

“He has a conviction under the Road Traffic Act which would be irrelevant in this context. He is at the moment unemployed, and his difficulties seem to have been due to that.”

“What do you want to say to me?” the Justice asked the defendant, who had been making notes in his notebook while the charges were read out. “I have the money to pay, Justice. I had hoped to have a receipt today to show you,” said the defendant in a businesslike fashion.

“I mean what do you want to say about the offences? You understand these are criminal charges?” the Justice reminded him. “My accounts were open, but there weren’t any funds in them,” said the man.

“Are you telling me now that you thought the cheques were going to be met?” asked the Justice.

“Most of them were met,” said the man, “except for these few. I was lodging money when I could.” “You knew very well they wouldn’t be met,” said the Justice. “I knew there was a possibility that they would be met, and a possibility that they wouldn’t,” said the man.

“You obtained not only goods but money as well,” said the Justice. “Did you lose your job or what?” asked the Justice.

“I was made redundant,” said the salesman, “before Christmas.” “When do you propose to pay the money back?” asked the Justice.

“I have the money,” said the man. “I received it at 2.30 yesterday, and I put it into the bank on a credit transfer and I am waiting on the receipt . . . yes, a new bank. I closed by [stet] accounts in the others, because I wasn’t getting the satisfaction from them.”

“You could have lodged the money in court today as an act of good faith,” said the Justice, “but instead of that you open a third account in a third bank.”

“The money only came through urgently at 2.30 yesterday,” said the man. The Justice told him to have the money in court next Monday. “Thank you very much,” said the man, making a note of the appointment in his book. Then he placed his gold pen in his breast pocket and left the building.

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