CONVICTION QUASHED

Dominion, Volume 35, Issue 257, 29 July 1942, Page 6

CONVICTION QUASHED

Attempted Subversion Charge By a majority, the Court of Appeal has quashed the conviction of Archibald Charles Barrington, who was found guilty by a jury of attempting to publish a bulletin of the Christian Pacifist Society, of which he is secretary, containing subversive statements. Barrington was charged with publishing, as well as with attempting to publish, and at the first trial the jury disagreed. At the second trial he was convicted of the attempt. Barrington submitted during the trial that there was no evidence of publication of the bulletin or publication by hi.ni. The trial judge, the Chief Justice (Sir Michael Myers) stated a ease for the Court of Appeal on this point, and ou the question of whether' his refusal to allow certain English publications to be shown' to the jury by accused was correct.

The Chief Justice’s judgment was against Barrington on both points. The other two members of the Court of Appeal, Mr. Justice Smith aud Mr. Justice Johnston, agreed with the Chief Justice that the newspapers .were not admissible, but decided that the conviction should be quashed ou the ground that an attempt to publish a subversive statement had not been proved, The Chief Justice said iu his judgment that it was his opinion that accused’s act in writing and sending to the editor of the bulletin au article which he admitted he had written for inclusion in the bulletin was an act for the purpose of accomplishing his object, which was that the bulletin, a subversive statement, should be published. Mr. Justice Johnston’s view was that there was. no evidence to go to the jury of an attempt to publish subversive statements in the bulletin other than his own. Since it was on a charge of attempting to publish the whole of the issue that he was convicted he thought the conviction should be quashed. Mr. Justice Smith said there was not sufficient evidence on which a jury could find that acused intended to publish the bulletin. There was no evidence that accused attempted to communicate the bulletin to other persons. Barrington conducted his own defence in the Supreme Court, but Mr. E. I’arry submitted argument to the Court of Appeal on his behalf. Mr. W. H. Cunningham appeared for the Crown.