FIRST HIGH TREASON CASE IN AUSTRALIA

Chronicle (Levin), 24 July 1946, Page 5

FIRST HIGH TREASON CASE IN AUSTRALIA

JURISDICTION OF COURT CHALtENGED Received Tuesdav, 8.30 p.m. SYDNEY, Julv 23. On a eharge ot' liigli treason While a prisoner of the Japanese, Mujoi t'luirles ilugheH Cotisens appeared In thv Ceutral Court, Sydiiey, loday. During legal argument Mt\ W. J. Bradley, K.C., representing the aecused, said that he would clulllenge the jurisdiclion of the Court. Couseiis was rematrded until August O .hml ba-H jvas. rei?ij,se«l. An application IvqbtFeV ^bdhy. ; f y? w yi ( - 'Ac^Uhifd' ijk tbfoitiHfweiVrihg his uniforib witli' his ;b:it>{ alron ColOln palch aiid tlifen servicc riliboiis. Alr. Bradley said that he would r-hal lenge the jurisdictiou of the Court on the following foui' grounds:

(1) That Ihe liidictment eannot legally be preferrcd in New Houtli Wales 111 respect of treason comniitted beyond the seas. (2) That Act 25 of Edward II T, so far as it relatos to treason withou; realm, and Ael 3S of Ilenry VIII, except as to treason committed witlmi Now "Boutli Wales, were iiever enforced iu New Boutli Wales. (3) That sectioii 21 of Aet 27 of 1902 of the legislature of New 8011th Wales, is invalid as being beyond the powei'S of the legislature. (4) That it -is contrarv to law that Major Cousens should lie prosecuted siniultaiieously before a Court Martial aiid before a Civil Court in respect of the same matters. The eharge is tlie first of its kind since the formation of the Commotiwealth. . . Mv.-r-.y-