Sharkey Sent For Trial On Sedition Charges

Chronicle (Levin), 31 March 1949, Page 5

Sharkey Sent For Trial On Sedition Charges

Received Wednesday, 7.15 p.m. SYDNEY, March 30. Lawrence Louis Bharkey, aged 50. secretary of the Australian Commnnist Party, was this afternoon committed for trial o.n a charge of having uttereci sedit'ious words. On a seeond charge ot having published seditious words thc magistrate held that a prima faeie case had not been established, and Sharkey was discharged. He will stand his trial at the next sitings of the Central Criminal Court. Baii ,vas fixed at £50. He pleadod not guilty to both charges, the hearing of which began in a special Federal Court ou Mouday, and elect.ed to be tried by a judge and jury. Mr, F. W. Paterson, for Sharkev said that on'the Crown ease the -only uttering of the alleged seditious words by Sharkey was on a telephone to a newspaper reporter. "Surely Austra iia has not reached the state of uffairi when a man cannot express his views to a newspaper reporter and have them published without its being alleged chat they are going to promote illwili and ho3tility among his Majesty's sub jeets, " he added. "If that were so we cdulcf'Wt talk' about any matter. "If Sharkey is guilty of pubJishing words of seditious intention the news paper editor and publisher should be m the box instead of him because they deii'berately sought the statement, " Mr. W, R. Dovey, K.C., for the Crown, said there could be no questior. of ,a conspiracy by the newspapers. Sharkey 's guilt or innocence was not affected hecause the whole of what he said was not published, What was published was not altered as to be of a eompletely different meaning. Shartey had told two other reporters that he had been correctlv reported. During the hearing the newspapei reporter who took the statement from Sharkey over the telephone said he could not swear that his paper published the whole statement which was a fairly lengthy one containing the senp ence: "If the Soviet forces in pursuit of aggressors enter Australia, Australian workers would welcome them." Diseharging .Sharkey on the count of publlshing seditious words, the magistrate said that the evidence was that the newspaper reporter had agreed.with Sharkey to publish his statement In iui: or not at all. It was clear that thc whole of the statement had not been published.