INNOCENT ACT

New Zealand Herald, Volume LXXIII, Issue 22464, 7 July 1936, Page 13

INNOCENT ACT

NO ELEMENT OF CEIME

"CAUGHT IN CURIOUS NET"

MINIMUM PENALTY OF 10/-

A man who appeared in the Supreme Court yesterday for sentence for forging and uttering a cheque had the unusual" experience in the circumstances of hearing both the judge and the Crown Prosecutor state that there had been no element of criminality in what he had done. Surprise was expressed by His Honor that the ponderous machinery of the law had been put in motion in such a Case.

The case was that of Michael James Enright, who had pleaded guilty to the offence and had been committed for sentence from Hawene. Enright said he was very sorry alid asked time to explain himself.

Mr. Justice Callan: Take your time, and say anything to me you want to. 1 have read the papers carefully, and I don't take at all a serious view of the matter.

Enright said lie was on a mail run and was in the habit of doing business and cashing cheques for Maoris living along the route. Often they told liim to put their names on their cheques and bring him back the change. In this Case be had endorsed a cheque at a Maori's request because the Maori had no ink or pencil.

His Honor asked the Crown Prosecutor, Mr. V. P. Meredith, if ho had had any instructions about the 4case. The cheque was for the large sum ol 12s, His Honor said, and there was no doubt it had been given and passed on in a perfectly genuine way. Enright got ]2s for the cheque, took 2s that was owing to him and returned 10s to the man who gave him the eheqno.

"There does not seem to be any clement of criminality in it," said His Honor, "i am puzzled to know why the ponderous machinery of the law should be put in motion." "L was puzzled over the same thing," said Mr. Meredith. "It appears to be only a little informality." However, the matter went back a long way, he added, and originated in a dispute between a pound keeper and an owner of cattle over a cheque. "As far as this man is concerned ho is about as innocent as he could possibly be," said Mr. Meredith. His Honor said it was a very wrong thing, of course, to put other people's names oil the back of cheques, but lie did not see any element of criminality in this man's conduct. He would like to discharge him without any punishment at all, but he could not find how lie could do that.

"It is a curious net in which you have been caught," His Honor said to Enright. "I think it was a pity you were brought here, but as the law stands I do not see any less serious way of dealing with you than by inflicting a fine. 1 will fine you the large sum of 10s. That is all."