CLERK'S FRAUDS

New Zealand Herald, Volume LXXII, Issue 22259, 6 November 1935, Page 14

CLERK'S FRAUDS

SAVINGS BANK CASE THREE YEARS' IMPRISONMENT CUNNING AND BOLD OWNERSHIP OF MONEY Sentence was passed by Mr. Justice Fair yesterday on Laid Edward Din, the young clerk who was found guilty last week on three counts of forgery and three of false pretences by which he defrauded tho Post Oflico Savings Hank at Auckland'of three sums totalling £4550. Mr. H. N. Moody, for Din, said that the prisoner was only 23 and had early been deprived of paternal influence. The bulk of the money had been recovered and though counsel could hardly suggest probation it had been given in other similar cases. He asked that Din bo given opportunity to return as soon as possible to his parents, who were, now living together at tlio Chatham Islands. His Honor said there must have been very special circumstances in the cases in which probation was granted. Offences Well Concealed Mr, Hubble, acting-Crown Prosecutor, said these frauds had extended over a period of mouths. The first two were committed when the prisoner was n servant of the Post and Telegraph Department and tho third ono was planned and partly carried out while he was a servant. They all indicated a high degree of cunning planning and skill. The frauds were obviously hard to detect and tho first two were so concealed that they were not discovered until the third one camo to light owing to an oversight of the prisoner, continued Mr- Hubble. This particular class of fraud inevitably caused a degree of suspicion for a time to be cast on other members of tho staff. "I do not think this is a case for probation," said His Honor. In a fraud of this magnitude committed by a person in a position of trust with special opportunity the circumstances must be very special indeed to enable probation to be granted. This young man, only 2.3 years of ago, had been convicted on three charges of forgery and three of false pretences by which large sums of money were obtained. Desire For Luxury

The offence was deliberately planned and very cunningly carried out on bold lines. The accused was not content with taking modest sums, but embarked on a bold scheme which eventually put into his pocket for the time being u sum of about £4500. At the time tho crimes were committed he was in steady employment in the Post Office Savings Bank at a salary of £206, and wa,s a single man with very few calls on his salary except a contribution to the support of his mother. Very little except youth could be urged in mitigation. The offences were apparently committed simply through a desire to live in luxury at the expense of other people instead of being content to earn an honest living. Penalty o! Imprisonment A crime of this nature must be met by imprisonment, continued His Honor. In respect of the first charge of obtaining £IBSO by false pretences he would impose a sentenco of two years' imprisonment with hard labour and on the third charge of obtaining £9OO by false pretences one year's imprisonment, these to be cumulative. Other sentences of two years and of on<; year on the other charges were all made concurrent, so that the total term imposed was three years. Mr. Hubble made application for the restitution of the stolon property. He recognised, he said, that this might lead to argument, not so much from tho accused Din as from Mrs. Din. Mr. Moody said the point involved was that ono of the sisters had a claim against tho prisoner and tho mother also had a claim for money lent. It might be alleged that part of the money found in Din's possession was their monev. His Honor said tho application would bo noted and consideration deferred.