FORGERY ALLEGED

Ashburton Guardian, Volume 66, Issue 58, 18 December 1945, Page 3

FORGERY ALLEGED

FORMER POSTMASTER CHARGED (P.A.) ' AUCKLAND, Dec. 17. Charles Clark, who recently retired from the position of Chief Postmaster at Auckland, appeared on summons before Mr J. H. Luxford, S.M., this morning on six charges of forgery. He was, charged with forging, between October 30, 1944, and July 6, 1945, special oil fuel licences purportings to be signed by J. Jackson, J. James, W. Watson, C. Watson, and J. Watson, with intent that they should be acted upon as if genuine. After the hearing of the evidence, and at the request of the Magistrate, Mr Meredith, for the Crown, made submissions in support of the case going to the Supreme Court. He said that in cases of forgery it was necessary first to establish that there was a false document. In this case the oil fuel licences were false documents, because the* signature of the issuing officer, which was a material - part of them, was that of a person who did not exist. “It may be said that there was no intention by the accused to defraud anyone, and that he issued them on justifiable grounds, but I submit that it is not necessary to show intent to defraud,” continued Mr Meredith.

, The Magistrate: Is it to be irresistibly inferred that if it is done carelessly, stupidly, or in dereliction of duty, the Court is bound to direct a jury to convict?

Mr Meredith: Motives do not enter into it, His motives might have,been most benevolent and proper, but if his mind goes with the act it comes within a purview of the section. The Magistrate: Then mens rea is not to be considered? Mr Meredith: Intent to defraud is to be cast aside.

The Magistrate: It seems to me that it may be a highly technical case of forgery.

Mr Henry submitted that the circumstances of 'the case completely negatived any mens rea. The evidence showed clearly that the licences were genuine, and were issued by a man who had complete authority to issue them after due inquiry. The Magistrate said he would stand the matter down until the morning to consider whether the case should go to the Supreme Court. A message received to-day stated that Clark was committed to the Supreme Court for trial, after the Magistrate had found that a prime facie case had been made out against him. Accused pleaded not guilty, and bail was allowed in his own recognisance of £SO.