STORY ACCEPTED

Sun (Auckland), Volume IV, Issue 992, 7 June 1930, Page 1

STORY ACCEPTED

RISK OF MISTAKE IN IDENTIFICATION FRAUD CHARGE FAILS Remarking that a mistake in identification was always likely, especially when there was a lapse of time between when a. witness had first seen a man and the identification, Mr. F. K. Hunt, S.M., dismissed a charge of false pretences made against Garrett Fitzgerald at the Police Court this morning.

Fitzgerald, a labourer, aged 40, was charged with obtaining £5 from Jackson, Russell, Tunks and West on December 16, by falsely representing that he was Rupert King. The evidence given yesterday was to the effect that a man, identified by one witness as accused, had come to complainant’s office and received a cheque intended for Rupert King. The caller had endorsed the cheque, which was cashed in the office. A hand-writing expert said the endorsement was in accused’s hand.

Mr. K. O. Sekins appeared for accused, who was unrepresented yesterday. Put in the box by counsel, accused urged that he did not know King. He had never been in Kaitaia, where King lived, and he did not know where Jackson, Russell, Tunks and West’s office was. On December 16 he had been working for the Public Works Department at Churchill. Chief-Detective Hammond said he was prepared to withdraw the charge if accused could prove his statement that he was out of town working when the offence was committed. The magistrate said it was his duty to be fair to both sdies. Even if it was discovered that the man was not working in Churchill on that date, the case was not complete, owing to the danger of a mistake in identification.