Man jailed for fraud

Press, 18 July 1980, Page 16

Man jailed for fraud

A man, appearing for sentence on a fraud charge, was not the “Heavy” who had forced a young banker to steal money and ruin his promising career, it was claimed in the High Court yesterday.

David Douglas Smith, aged 35, a labourer, was jailed for a year by Mr Justice Casey on a charge of fraudulent use of a document involving the obtaining of $3500 from the Canterbury Savings Bank with a forged withdrawal slip. He had pleaded guilty.

Mr G. M. Brodie, for Smith, said that the prisoner had withdrawn $3500 from an account which was not his but he was not the principal offender — merely an intermediary. Sonny Tangi Manuel, aged 18, a teller employed by the Canterbury Savings Bank, at the instigation of a relative had obtained information on dormant accounts and had then prepared documents to make withdrawals from those accounts at a different branch of the bank from the one he worked at. While Smith was drinking! at the King George Hotel he! was approached by Manuel, ‘ given the forged documents' and at 6.30 p.m. the same! day he withdrew the $3500J It had been done at thei request of Manuel. Manuel had alleged, that!

he had been “stood over” by a group to commit the offences to provide those persons with money. Other forged documents had been distributed and had not been recovered.

Bad companions and liquor had been Smith’s downfall and he had an extremely bad list of convictions but during the last three years he had made an effort to keep out of trouble with limited success. Manuel had been sentenced to nine months impri-

sonment in the DistrictCourt but the term had been reduced to six months <n appeal, Mr Brodie said. His Honour said he -had formed the view that Manuel was a young man whose promising career had been ruined because he had been mainipulated by older dominant persons. Mr Brodie said that Smith had nothing to do with formulating the scheme to make withdrawals from dormant accounts and he was

not one of those who had put pressure on Manuel to steal. His Honour said that while he had reached the opinion that Smith might not have been among those who had manipulated the young teller, Manuel, into acts of dishonesty he was certainly not prepared to accept that Manuel had masterminded the crimes.

The accused’s past record was shocking and he had to go to prison.