PERJURY CHARGE

New Zealand Herald, Volume LXXVI, Issue 23259, 31 January 1939, Page 11

PERJURY CHARGE

BANKRUPT'S STATEMENT CORRECTION MADE LATER MAGISTRATE DISMISSES CASE [BY TELEGBAPH —PBESS ASSOCIATION] CHRISTCHURCH, Monday A charge of perjury brought against Roy Stanley Johnston, salesman, aged 44, of Wellington, was dismissed in the Police Court this morning. The charge was that at Christchurch, on September 15, Johnston committed perjury in a judicial proceeding when under examination on oath in bankruptcy, before the official assignee, Mr. G. W. Brown, by falsely swearing that £250 paid as a deposit in the purchase of premises at Fendaltori was received from one J. H. Leeming of Sydney, whereas in truth the money was received from William Anderson, of Dunedin.

Georga William Brown said that when Johnston was on oath at the creditors' meeting the question as to who had advanced the £250 on the Hamilton Avenue property arose. Accused had been reluctant, and had said he would rather not answer the question. When pressed Johnston said the money came from a man named J. H. Leeming, who was then residing in Australia. On September 16, the day after the examination, Johnston, with his solicitor, called on witness. Johnston J said he had made a false statement and the money had been received from a man named Anderson, of Dunedin. I When asked why he had given a false statement, added witness, accused said he bad not thought the examination regarding Leeming would have been carried so far. Mr. C. S. Thomas submitted that there was no corroboration of perjury at all. Quoting from authorities Mr. Thomas said that even when an accused made two contrary statements on oath, this without more was not sufficient to prove perjury. It might be perfectly clear that one of the statements was untrue, but it might well be that accused thought each was true at the time he made it. Mr. E. C. Levvey, S,M., said he did not think any jury would convict and the case would therefore be dismissed.