Accused Claims No Memory Of Offences

Press, Volume CIV, Issue 30820, 4 August 1965, Page 3

Accused Claims No Memory Of Offences

(New Zealand Press Association)

AUCKLAND, August 3.

Noel James Reid, aged 40, a yardman, said in the Supreme Court at Auckland today that he could remember committing none of 11 offences with which he is charged —including setting fire to his flat.

Reid, represented by Mr K. Ryan, has pleaded not guilty before Mr Justice Perry and a jury to one charge of arson, alternative charges of burglary and theft, six charges of false pretences involving pass-

ing of valueless cheques for £77 16s, and two charges of obtaining credit by fraud.

Mr S. A. Cleal is conducting the case for the Crown. Stephen Samuel Hassett, a salesman, said Reid came into the shop where he worked in Dominion road and bought several articles of clothing with a cheque signed “E. Cumberpatch.” Ernest Albert Cumberpatch said the accused had stayed at his house on several occasions. the last time for about a week.

He said that on April 7, after receiving a telephone call at work, he went home and found that a camera, a transistor radio and a cheque book were missing. He identified the cheque book in Court and said that 10 cheques were missing. He was shown several cheques, all of which were not made out by him. HIDDEN KEY Witness said there had been a custom of leaving the door key hidden outside the back door. He said the accused probably knew about it. When he investigated on April 7, there was no sign of forced entry. To Mr Ryan, he said that at this time he was a friend of Reid’s and knew him to be an alcoholic.

Reginald Farrington, a pawnbroker, said he traded under the name of Waitemata Loan Company. On April 7, a Mr J. Lindsay pawned a camera for £7. He identified Mr Cumberpatch’s camera as the one that had been pawned. To Mr Ryan, witness admitted that at the Lower Court hearing he had pointed out Mr Ryan as the man who pawned the camera.

Several other shop assistants from other businesses all gave evidence that they had been presented with cheques which had been identified as coming from Mr Cumberpatch's cheque book. HOTEL BOOKING

Mrs Janet Handley, a receptionist in an Otahuhu hotel, said that on the afternoon of April 8 she booked a Mr D. James, of Wellington, whom she identified as the accused, into one of the hotel rooms. Mrs Rona Olive Rae, wife of the hotel licensee, said that late in the evening of April 8

I she received a telephone call concerning one of the rooms of the hotel—the one which the accused is alleged to have booked. She went into the room in the morning where she found an old suit and an empty cardboard carton, and several price tags from new clothes. She handed these to the police. Maurice Graham Johanson, a detective said he arrested Reid at the Epsom show grounds. He cautioned Reid, who said, “You have got me cold.” Another detective asked for “the cheque book” which he believed was in Reid's possession. Reid took it from a pocket and handed it to the detective. As the three men turned into Greenlane road, Reid took a step backward and “shot through” the traffic which was heavy, and up an alleyway. He was chased and caught. Albert William Rex Ball, a company representative and forme; detective-sergeant, said that Reid at the station did not deny the offences, but did not want to discuss them. “GO AHEAD”

"When we were trying to get him to co-operate In cleaning up these offences he said, ‘Charge me with the lot and I will plead guilty’,” said Ball. “He would not make any statement about it. He said something about ‘You have got it all there, you go ahead'.”

To Mr Ryan, Ball said Reid said he had been “hitting the booze pretty hard” during the last week, or something like that. Reid said in evidence on his own behalf that he was in the Army in Italy during World War II and while there was hit by a truck. He was discharged with a war pension, he believed for an anxiety neurosis.

After this he began drinking to excess, and later joined Alcoholics Anonymous.

Reid said he had an argument with Mrs Watson, with whom he had formed an association, on the morning of the fire.

After the quarrel he went to his sister’s place then into town, where he started drinking. He could not say how much he had to drink. He could not recall going back to the flat that day. He could not recall buying a bottle of turpentine, setting fire to the flat, or any of the subsequent alleged offences.

He had a vague memory that there was a scuffle when he was arrested. MEMORY LAPSES

He said he had occasion to complain about memory lapses before. Mr Cleal: Do you remember telling a detective you would plead guilty to all the charges? "I was pretty crook at the time and what vague recollections I have—you remember I suffered an anxiety neurosis,” said Reid. “1 remember two or three detectives taking off their coats there and I got frightened and I thought I was going to get done over by the

police and I said I would just plead guilty to everything because 1 didn’t even know what had happened in any case.”

Lindsay Macdougall, a doctor in charge of the alcoholic clinic at Auckland Hospital, said he had not spoken with Reid, but would say it was possible that he was an alcoholic. Any chronic alcoholic could suffer periods which could be called alcoholic amnesia or impaired consciousness, after which he would have no memory of what he had done.

While having such a spell he would act in the same way as any other person under the influence of alcohol.

His Honour put to witness evidence given in the trial and asked: “Would you not think that is evidence of ability to form an intention of doing these things irrespective whether or not he now remembers them?” “Yes. I agree, sir.” Charles Francis Whittington, senior medical officer at Oakley Hospital, said be had observed Reid over a period of four weeks on remand, and considered he was a chronic alcoholic.

The hearing will be continued tomorrow.