P. G. COPE ACQUITTED

Chronicle (Levin), 1 May 1946, Page 3

P. G. COPE ACQUITTED

-Press A&sociation

CHARGE OF PERJURY

By Telegraph-

WELLINGTON, April 30. ' Without refiring a jury found Peter Gerard Cope, accountant and company dir.eetor, aged 37, of Palmerston North, not guilty and with no stain on his character, when ho faeed a charge of perjury in the Supreme Court, Wellington, today. Mr. Justice Johnston dischatged Cope. The chqrge against accused waa that, at Palmerston North on January 30, 1946,. as part of his evidence given on oath in open court, he asserted that as a matter of fact he was in Auckland on February 23, 24 and 25, 1945, such asseftion being known to him to be f alse and beiiig intended by him to mislea,d the court and did thereby cominit perjury. Evidence for the defence that accused was in Auckland on the dated in question but that he arrived back on the Wunday morning, was given by Lilian Catherine Oope, wife of accused; George Bernard Thompson, bus driver; Kichard Williard Hay, company manager; Walter Harvey Sandy Kinger, iuspector to the Automobile Association, Auckland; Alf red Coles, manager of Maedar Salon's, Auckland; and Sylvester B. Baftlwin, employed by Grey Oabs, Ltd. \ T . After the evidence- of the, six- wit■nesses had been taken for the- defence, -Mr. C. E. Leicester, for, atcused, said now that "the Court- had had. an; bpportunity to hea'r a great'deal of evidence, it ' was. quite cleaT accused had made aii error. in rec'ollection but th'at such an error was not designed to mislead th'e- Court. •• 1 - • Mr, . Cunningham, fbr 'the -'Crown, said that ih view. of all of the confjicting- evidence, it would be quite unsafe fqr h'is 'Hunbiir tb allow the jury -to conwiCt . in a c,ase . iu • which- his" •Hbhdur would 1 be justiiied ' in directing acquittal. " •' , "I think you must know a3- well as all- must know", that perjury is a very serious criuio,-' ' said his Hono'ur, ad^ dressihg the jury, "and if . a man is convicted. of, being guilty of, perjury, the penalty must ahvays be adequatc. Consequeutly, before a jury'.shoulu couv'ict, so serious is the ofTence ..uuder eriiniual law, it qiust see the evidence is corroborated by other wituesscs ani] facts." The Crownj added the. Judge, had to show aud produce to the jury reputable witnesses and show corroboFative evidence; Assuining that the witness Mclntosh was speaking in good faith, it had to bo seen if this was coniirmed and the evidence, said. Ihe Judge, occurred to him not to be sufiiciently corroborative. On the . evidence it was conclusive that accused was in Auckland on February 23 and arrived back in Palmerston iNorth .early on yuuday morning. He overstepped the. mark Us he was back on February 25 but the dilference ;was uot "a material point and might quite easily in good faith occur. On those grounds the' Judge dirccted the jury not oilTy tuai the Crowu had not proved its case biit also on the volume and' welghl of evidence, instructed'it to lind a verdict of not guilty.