FORGERY CHARGE

Grey River Argus, 29 May 1935, Page 5

FORGERY CHARGE

£l,OOO FRAUD Question of Identification (Per Press Association). HASTINGS, May 28. The hearing of the case against Tunnicliffe, charged with obtaining i.lOOO from a bank at Napier by means of a forged cheque, was continued at the Supreme Court. After the evidence for the prosecution, counsel for the defence. in his address to the jury, submitted that the Crown had failed to prove its case. It had tailed to sheet home the crime to the accused. On the opportunity that the bank officers had in the bank al the time that Tunni•lifie was allegedly there, it was not sufficient for them to pick him out in a hotel bar six weeks later. The necessary care in identification has not bpen exercised by the Crown and Scott could not supply sufficient proof of his al»i ity to identify the man responsible for the cashing of the forged cheque. With a meagre description, he went lo Palmerston North six weeks later, ami said that he had no difficulty in identifying Tunnicliffe. Counsel suggested that both Scott am] Collins were helped by someone a*. Palmerston North suggesting to them that the man whom the police suspected was at an hotel. The Judge said that this last submission had not been borne out by the evidence. Counsel for the defence said that it was for the jury to decide whether Tunnicliffe was at Hastings at the time when the cheque was- cashed at Napier. Throughout the case the hank officers had acted upon mistaken identity, and witnesses for the defence showed that the accused was at Hastings on the day in question. On all grounds, it M?eme<l to him, the jury were entitled to acquit Tunnicliffe. The Crown Prosecutor pointed out. in his address, that the Crown had evidence of three officials at the bank and all of them had a good look at the man who cashed the cheque. *The !« : mn for an identification parade and tor the steps taken at Palmerston North to identify the accused w;rmerely to assist the police to track down a man whom they knew very well wa> the one for whom they were looking. It was known that Tunnicliffe and his. friend, Lowe, had a car and he (Air Lusk) suggested that if it was desired to establish an alibi, they would lose no time in getting to Hastings. Air Lusk suggested the Crown case had not even been contradicted. The Judge sums up to-morrow morning.