APPEAL UPHELD

Press, Volume LXXVIII, Issue 23587, 14 March 1942, Page 8

APPEAL UPHELD

ALLEGED BRIBE TO CLERK JUDGE’S COMMENT ON EVIDENCE (PA) WELLINGTON. March 13. A successful appeal against his conviction by a Magistrate on a charge of offering a bribe to a clerk in the National Service Department with the intent that his ballot card should be withheld from the register was made in the Supreme Court at Wellington to-day by Francis Joseph Dwyer, a hotel manager, of Wellington. Mr Justice Smith said that theie was reallv no corroboration of tne story of the Crown’s principal witness, who was the prime mcver in the affair, and who had in some iesoects given evidence different from that which he gave m the Lower Court. There was no doubt a su.oicion but suspicion was not enougn, and he was satisfied that if a jury had to deal with the case it would not convict, and therefore the appeal would be allowed. „ nnrv Evidence was given by Hcmy Joseph August Berthold who. crossexamined by Mr H. F. P milted that his evidence in the Lower Court had conflicted with his original statement to the police. However what he had said in that statement was not totally incorrect When he made the original statement he had no idea action would be taken against a^As e a e matter of fact I helped the police and the Army Intelligence by confessing to cases of which they would never have known but I did not think action would be taken against any of those people, said the witness. The witness admitted that he removed Dwyer’s card before he had had any discussion with Dwyer on the subject, and also that he had told Dwyer that he would have to be out of the ballot because witness could not get his card back. His Honour: Did you not say that in the Magistrate’s Court? Witness; No, but I did tell Major Folkes, who came out to see me at prison on the day Dwyer s case in the Magistrate’s Court. Mami Folkes came out and remained wan me for at least an hour, m company with another Army officer, for tne purpose of trying to influence my evidence. I gathered His Honour: What? Are you su 0 - gesting a major in the Army came out Vo try to influence your evidence. Witness: He said the evidence I had given in the Magistrate's Court diifered from my statements to him and to the police earlier. Mr O’Leary at this stage drew the Court’s attention to the fact that he had not asked the witness for the statements he was making. His Honour said it was very improper that a reflection should be cast at an officer behind his back. Mr H. R. Biss, for the Crown, pointed out that the officer was not m Court to defend himself. _ Witness said he told Major Folkes on that occasion that he had omitted ■ the point in his evidence in Dwyers case the previous day about telling Dwjver he could not get his card in evidence, said that at no time had he given Berthold money to keep his card out of the ballot or foi any other purpose. He had never discussed the ballot with Berthold. The appeal of Hubert Edward Howard, who was convicted by the Magistrate of offering a bribe to Berthold, was withdrawn by counsel.