CO129-535-5 N.I. Brewer- transcript of trial and evidence 1-1-1929 - 31-12-1931 — Page 17

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His Lordship:

Air. Brewer i

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The point is this, it bears on what appears in the Public Examination, that is, you are not being tried on the evidence of the wit- nebzer, you arebeing tried on material other than that evidence.

I will proceed to call me defence.

The whole question is this, this is a case of perjury and the Crow have got to prove the person guilty of forgery in a case like this, they must do much more than merely say it is false.

This charge is created by the Perjury Crainance of 1922, which says that one making a statement not under oath, was equal with one making a statement under oath given. But it is not intended by that, that to make a statement not under oath is within the ordinary question of perjury. It is necessary to say that this statement would be one which would not be indite for perjury if made unknown. Now a statement to be indited for purjury must not be merely false, but materially false, intentionally false and made with a fraudulent intent.

Now, Gentlemen, the whole point of the defence is, firutly, that these loans should have deal treated as cash, were treated consist- ently throughout as cash, and this statement is true, and had any other statement been made, it would have been untrue. Then there is of cours a much stronger case, you have the consistency in which they have been treated throughout the books and the fact that all the documents and records bear out our belief that these were cash transactions and we have treated them throughout as suah. You have the fact that seven months ago in my Fublic Examination, I made the fullest possible explanation of that these items were and that everything had always been consistent. You will have evidence that these books were kept on a regular and clear system, that it was easy for any person regarding these books, to se what was the meaning of these transactions. You will also have another evidence that the books were not kept secretly, there was nothing to hide from anybody. That the very people to whom this report was sent, were the people * KİRMEKKİCKEXkaquette who had access to the books of the Company.

It will be evident in spite of the date of this Statutory Report, it being shortly after the inception of our Company,

report ássued at so early a date would have the idea that the Company had been created for the purpose of forgery. It is evident that the instone Banking Corporation was named after the man who signed this report, who was supposed to have signed this report for fraudulent purposes. You will see from the fact that he gave his own name to the Company showed he had faith in the Company and would not have given his name to ce come a byeword in the Colony. It will be evid, ent that the men who paid there sums of money and obtained loans in respect of them, were genuine individuals, having actual existence in the Colony, being in the main part men of good standing, and in every case men of full age,