REGISTERED LETTER

Sun (Auckland), Volume III, Issue 782, 1 October 1929, Page 16

REGISTERED LETTER

MISTAKEN CLAIM ON PACKET NOT POSTED FRAUD CHARGE DISMISSED (From Our Own Correspondent) DUNEDIN, Today. Charged with fraudulently stating that he had. posted a registered packet containing money knowing that he had not done so, Donald Hutchqpn appeared in the Dunedin Police Court 3 r esterday. The charge against him was dismissed. Evidence was given by two postal, clerks at Balclutha who stated that when accused called at the office there on Augu-st 20, he complained that a registered letters which he had posted had not received. The letter had been allegedly posted on August 14 and had contained 30s in bank notes. _Alan Alexander Noble, a postal clerk of Dunedin, said that accused made a statement which he signed, and in which he admitted he had not posted the letter on August 14. He thought be had done so, and was very sorry that he said/he had done so. The office records showed that accused’s wife had received several registered letters. If satisfactory evidence of the posting of letters was produced the department would pay compensation to the extent of £2 for a lost registered letter. Mr. Hanlon, who appeared for accused, submitted that the case must be dismissed as no element of fraud had been disclosed. Fraudulently meant dishonesty and the question was whether accused had dishonestly made the statement knowing it to be false. Counsel submitted that accused did not make the statement knowing it to be false because he honestly believed he had posted the letter. The magistrate said it was a foolish action on accused’s part to make a statement that he had posted the letter without foundation. He did not think he would be justified in holding that a prima facie case had been established. The charge would be dismissed.