ALLEGED INDECENT MATTER.

Hokitika Guardian, 1 July 1924, Page 4

ALLEGED INDECENT MATTER.

INTERESTING LEGAL POINT. ASHBURTON, June 27. What is apparently a defect in a ■ection of the I'cxst and Telegraph Act [oncoming the posting of matter thought to lie indecent was brought to light in the Magistrate's Court this morning bv Air A. Jv. North. who used the loophole for the purposes of his defence on behalf of one of two Tjmvttld youths who found themselves in Court. The defendants were Raymond Skilling and Rangi AVo.sley. The former was charged with having posted a packet containing a photograph with indecent writing thereon. AVesley was charged with having counselled Skilling. Mr E. D. AI os ley, S.M., was on tlie Bench. The case against Skilling, who was alleged to have posted the package (the photograph enclosed in an envelope) was called first. Air A. K. North appeared for the defendant. Before a plea was taken SeniorSergeant Jackson said that AVesley's case was in connection with the same affair, and he would like this one to lie heard first, as lie understood AA’osley was going to plead guilty. Air North pressed that Skilling’s ease he taken first as the other ease it rose out of it. Alter argument it was agreed to go as far as possible with tile ease, although the Alagistrate said he disliked splitting eases. Air North submitted that the information did not disclose any offence under the Postal Act. The section barred postal packets of an indecent

or obscene nature such as “printing, paintings. photographs. engravings books, cards, articles, or representations of any kind.” but it did not sav a word about writings, tlto basis of the present charges. Probably tlieru was strong reason for excluding writings from the section ol the Act. Jlo contended an article could not be held to include writing. The authorities had certain lights regarding packets, but letters were excepted. Air North then went fully into the composition of the sections of the Act bearing on the case. He reiterated his statement concerning the wording of

the section which omitted mention of writing, and added that there was a sub-section which did cover the ease of writing, but this bad been limited to writing on the outside ol postal packets. The Alagistrate: There might be reason for that.

Air North asked why the sub-section had been made dealing expressly with writing on the outside of packets. The authorities’ rights had been limited to opening packets, and not letters, this no doubt being to preserve the sanctity of letters.

The police produced and handed in the photograph containing the writing complained of.

Alter having examined tlie* matter, the Alagistrate said lie would hear rntui'ci and tin* prosecution on it. bui lie would probably rule that there was no indecency in it.

Air North said lie had intended to submit also that there was nothing indecent in the exhibits. Counsel then proceeded to quote authorities and law icp’orts in support of bis .submissions, tiling certain cases which were oil all fours with the present one. and liavpurtlcular bearing on the omission Prom Hie Act ol ally mention ol “w citings.”

Il was admitted by counsel that his client had posted the naekel. though inadvertently. Skilli.g was friendly with the girl to whom it was sent, the girl being a relative of AVesley. The girl owned the photographs. Wesley had done certain writing, enclosed the photographs in an envelope, stamped it. and given the packet to Skilling post, had other (••tiers in bis | iicket for the post, and ihi.> one was inadvertently posted with the others. Ids intention having been to destroy it. knowing that the girl would recognise the whole thing. Being friendly with the girl it was unlikely lie wanted her to see the writings. Senior-'■Sergeant. Jackson said the facts were much ns .stated, exrent what Skilitr.g had said to AVesley. Skilling had done certain drawiiigs on the photograph. To allow the Bench possession of fact. Const-aide White was called. Witness said that he had interviewed Skilling, who admitted having drawn about the laces on tin* photograprs. Wesley had said to him: “That’s no go-id.” Wesley then wrote on the photograph, afterwards reading it out. The letter was posted the following morning. To ATr North : Witness said be could not state that the drawing around the outline of-the laces was indecent. AL North contended there was no indecency shown. The Alagistrate said be was of opinion that if Wesley was convicted Skilling would have to be convicted also, for the knowledge of one in the matter was the knowledge of the other. Skilling completed the offence l,v posting the letter. However, there were two grounds for do’fentß and counsel had taken them both. The Alagistrate then tasked the police if they had anything to say on the quest inn of indecency. He had a grave dinibt about it himself. Senior-Sergeant Jackson submitted the writing complained of constituted indecency. The Magistrate; I am inclined to think I will have to sustain both grounds raised hv the defence. My present opinion is that it i.s not indecent or obscene. I ant inclined j to agree with the contentions of conn- I sek I do not see how. by any stretch j of imagination, tile Chief Justice eould hold an article to include writing. The ease is of sufficient interest to take some time to consider, and he would reserve his decision ill respect to both defendants. He would note the submission of police and counsel.