Cases
p. 13 · Read in the full issue
N. Guinea Timber
J. S. Garden on Trial
THE trial of Mr. J. S. Garden, in what are called the “New Guinea Timber Lease Cases,” commenced in Sydney on May 4, and was expected to last mearly two weeks. Garden, before the Quarter Sessions, has pleaded not gulity to— ■ Having forged a letter issuable by the Department of External Territories at Sydney, on November 20, 1945, h Having fraudulently and in breach of his duty falsified a letter issuable by the Department of External Territories at Sydney, on November 20, 1945. ■ Having forged a letter, dated Nov ember 10, 1947, deliverable to the Depart ment of External Territories, and ad dressed to the Minister for External Territories, Commonwealth Bank Build ing, Martin Place, and signed H. G. Fore shaw.
In the first few days, the evidence was simply a repetition of that given in the lower court, and fully reported some three months ago. It was expected, however, that there would be “fireworks” when Garden entered upon his defence.
Another trial will follow this one. In the next one, j, s. Garden, Harcourt Garden, Ray Parer and Farrell will face a series of charges (arising out of the same circumstances) alleging that they conspired to defraud a Queensland tim ber firm of £50,000.
Garden, one of the most prominent Leftist Labour politicians in Australia, had been very clnselv associated with Mr. E. J. Ward—first, in politics; and, later, when Mr. Ward became a Labour Minister, departmentally. He was an official in Ward’s Department of Labour.
He had no official standing in the De partment of External Territories, but he was in close contact with the Minister— his office, in the Commonwealth Bank, was alongside Ward’s.
It is alleged that in 1944-45, Ray Parer, well-known as a New Guinea pioneer aviator, applied for timber leases in the
Bulolo Valley, New Guinea; that Garden assisted Parer’s application; that Garden, Garden Jr., Parer and Farrell formed a syndicate to sell these leases to an Aus tralian timber nrm, Hancock and Gore, for £100,000; that the firm, believing that the leases had been granted, paid out £50,000 to the syndicate; that the basis of the firm’s belief was a letter signed “E. J. Ward, per J. S. Garden,” dated November 20, 1945; that Ward denies that he ever approved of such a lease being granted, and that he at no time authorised Garden to write such a letter; and that Garden interfered with corres pondence between the firm and Ward when the firm became anxious about its rights and approached the Minister direct.
All these events extended over the years 1944-47.
The Crown Prosecutor, in opening this present case, said he understood that Garden would say in his defence that he had Mr. Ward’s authority to write the letter of November 20, 1945, and that Mr.
Ward had acted on receiving a bribe of £5,000.
The Minister for Territories. Mr. Ward, was in the witness box on May 7, 10 and 11, and for part of the time he was under gruelling cross-examination, re lating mostly to his relationship with Garden.
THE hearing became more sensational after the Crown case was concluded, on May 12.
The judge stated that he would direct the jury to acquit Garden of the first two charges, arising out of the letter of November 20, 1945. His Honor evidently took the view that, whatever else the letter was, it was not forgery or falsi fication. The trial of Garden on the third charge continued.
Garden, on May 13, gave evidence that Ward was a member of the syndicate and that Harcourt Garden /‘dummied” for him; that Ward was a party to nego tiations between the syndicate and Hancock and Gore; that Ward was to get 20 per cent, of the amount paid by Hancock and Gore, which was expected to be between £75.000 and £100,000; that all that had been done had been done with Ward’s knowledge and approval.
The hearing was proceeding when this journal went to press.
A second artist to arrive in Noumea from France in recent weeks is M. Charles Demangeot. He has already exhibited some of his works.