Accused Allegedly Signed Confession

Press, Volume CII, Issue 30196, 30 July 1963, Page 14

Accused Allegedly Signed Confession

(New Zealand Press Association) WELLINGTON, July 29. Brian Henderson, aged 24, a sheetmetal worker, had said he had signed his wife’s signature on what purported to be a confession of adultery because he did not want to go to prison, a policeman testified in the Supreme Court at Wellington today.

Henderson has denied charges of forgery, uttering a forged document, perjury, and as an alternative to the charge of perjury, attempting to pervert the course of justice. Mr W. R. Birks appears for the Crown, and Nir J. A. Tannahill for Henderson. The Chief Justice, Sir Harold Barrowclough, presides. Thomas Loszlo Pokorny, a solicitor, said Henderson consulted him in March about a warrant which had been issued him for arrears of maintenance.

Henderson had produced a document purporting to be a confession of adultery signed by his wife. The document had appeared to be relevant to the proceedings of committal and on Henderson’s instructions he prepared an affidavit exhibiting the alleged confession. Pokorny said it had been explained to Henderson that in order to substantiate the allegation of adultery, some corroboration would have to be obtained as there was no signature of a witness on the alleged confession. Henderson had replied that some corroborative evidence could be obtained from a Constable Bethell, who was stationed at Wellington. Pokorny had filed the document and appeared in court in support of the application by Henderson to' cancel the warrant of committal which had been issued. Henderson’s affidavit formed the basis for the proceedings. Pokorny said he made several attempts to communicate with Constable Bethell, but was not able to find him. He ultimately withdrew from the proceedings and told Henderson he was not prepared to continue acting in the case. Graham Lester Mitchell

Bethell said he had' known Henderson for some years. In March, Henderson brought a document to him and asked him if he would take it to Henderson’s wife and get her to sign it Henderson told him the document was an admission of adultery. He spoke to Mrs Henderson at her place of employment. As he did not want to become "involved,” he did not mention the document to her and did not ask her to sign it.

“I just said that she had not signed the document when I went back to the accused. He drove me home and we parted.” said Bethell. A detective senior-sergeant, Jim Nancarrow, said in evidence that Henderson, shown a photostat copy of the alleged confession and'asked who had signed it, said his wife had and that someone had been present. Henderson had subsequently said: “It’s no use telling you lies. I signed it.” Henderson stated that he signed the name “F. Henderson” on the document because he did not want to go to gaol on a warrant of committal.

Opening the defence case. Mr Tannahill said Henderson would testify that Bethell accompanied him to his wife's place of employment and. after taking documents inside the building, returned with the documents “duly signed.” The hearing will continue tomorrow.