DECISION RESERVED

Chronicle (Levin), 11 April 1946, Page 7

DECISION RESERVED

— Press Association

FORGERY APPEAL CASE

By Telegraph-

WELLINGTON, April .10. In the Auckland forgery case bcfon the Court of Appeal conceriung Charlcs Clark, former Chief Postmaster .ai Auckland, Mr. Currie, for the Crown continued his submissious to the Coun saying that tlie circumstance that n. one had got anything by these docu nients that they could not liave got i Clark . had signed in his own name di not dctract from the fact that thesi documcnts were forgeries. "The presence of an official post ottic* date stanip 011 the document eoncern ed," said Mr. Currie, "does not supply lack of authentieation by signature • and it would not be sufticient, as it merelv shows the date 011 which the signature was affixed, aud that it cairn from the nauied post oftice, but that does not identify the person issuing ' he licence or indicate that he was aii au thorised person." Keplying 011 behalf of Clark, Mr. Johnstone submitted that it was 110 possible to lind Clark guilty unless tlu jury found that he had made a fais' document, and that it was a matter t'o direction by the Trial Judge as to wha constituted sueh a false document, bu subject to such a direction from th Judge, it was the province of the jun to determiue if accused had made ;» false document, if he knew it to be false and if he intended it to be acted upon as if it were genuine. "Here, " said Mr. Johnsto:ie, "t,h-. Judge found all the proliniinary facts decided upon them and told tlie jur that accused was guilty. In the circum [Sauces of this case, the convictic. should be quashed. ' '

Sir Micliael Myers (Cluet Justice)This Court has wide judicial discretion to quash the verdict or to order a nen trial, althorugh in England the lattei alternative is not open to the Court. Mr. Johnstone: It would be liard at this stage to overcome a judicial pronouncement of the guilt of accused in the eourse of his trial, which pronounce meut has been widely published in th. Press and would be well known in the district. -I submit that, iti the eiicum stances. to order a new trial wouL create a rislt of in justice to prisonci, and that the only alternative open 1o this Court, in all fairness, is to quash the verdict. The Court reserved its decision.