DEFAMATION SUIT

Hokitika Guardian, 21 November 1925, Page 4

DEFAMATION SUIT

AGAINST P.P.A. PRINTER

TIY TELEGRAPH —PER PRESS ASSOCIATION.]

AUCKLAND, November 20. Two pamphlets issued during the Roskill election campaign formed the basis of a case heard in the 1 elite Court to-day. Two charges of breach of the Legislature Act, 190 S, were brought against Henry. Hastings Settbrook, printer, by Mr Hall Skelton, arising from the publication of pamphlets which related to the complainant’s candidature. The first charge was that, between the issue of the writs ami the close of the poll, the defendant issued a circular, headed ‘.Skelton and Roskill Election,” and published or caused to lie published, a document which contained delainatorj statements, such statements being grossly false and untrue, and calculated to influence the public concerning the candidate, and being a breach of Section lAT of the Legislature Act. 190-k

The second charge was ot a similat nature ami reierrod to a document leaded “ Protestant Political Association.” and signed “H. H. boa brook. President.”

Sir J. Ftndlav entered a plea ot not guilty on behalf of the defendant. Mr Hall Skelton, who conducted the prosecution himself, quitted the section of the Legislature Act which fixed the penalty at one not exceeding CoO. or imprisoniyent for not more than three months, for the offence alleged, fie said the matter was also covered by common law. It was an illegal practice if a person, before or during an election, published a false statement regarding the personal character of a candidate, and the directors of an organisation were responsible lor such publication by the organisation. I lie false statement need not ha libellous hut it was essential that it should relate to the personal, rather than the political character, of the candidate.

Outlining his case, Air Hall Skelton said the pamphlet signed “11. 11. Seahrook. President of the Roskill Political Association.” was posted oil Saturday. October .11. Tt was issued on the lust possible day, so that he should have no power of reply, although the pamphlet contained charges of high treason and sedition against him.. The pamphlet was based on statements that were absolutely and atrociously false. The portion of the first pamphlet. particularly referred to. read as follows:—“It cannot bo forgotten that Al.r Skelton acted as a representative of a party seeking in distintegrate the British. Empire, and has publicly eulogised Michael Collins, who was a leader of a gang of atrocious murder?;, and who was condemned to he hung for crimes against the Empire. Thoughtful men and women who recall such things cannot surely choose as their representative a man who had manifested his .sympathy with those who, when the Empire was in the throes of a struggle for life, were engaged within it in a policy of murder to hinder the prosecution of the Great War, and to secure its overthrow.” In the second document occurred the following: “The first impression conveyed by this statement is that re, sponsible officials of the Dominion wore asked and selected Air Skelton. A- a matter of fact, the request came he In re an irresponsible body, calling itsell the Irish Self-Determination League, that is svmpathctic with the Sinn Fein. This body selected Air Skelton to be its representative at the Sell-Deterniinat ion meeting at Paris. It was this body of Empire, wreckers tliti selected and financed Air Skelton

a.- ils representutivo.” Sir .John hnniluy said the object o the case appeared to he one of self jusf Pica linn on the part of Mr Hull Skelton. There was running throng! tut- jiamplol s a eoiemou eutieept ioi that the Sell-Determination l.cagtn was a ills ho a I body. The complain ant had eulogised the work ol Michao Collins, yet l’,e was the General of tin Ropuhlirnn Army with a price o til).IlfII) on hi- head. The |.-,i of ||,« complainaui’s in the public eve would not he made on what he said Fie said he did not believe, or did not know that the Irish cause was deal ami definite, namely, disintegration of the Empire. For that was what the separation of Ireland would end in, and any Komi which did not recognise thai. in the light if history, would become Lee laughing stuck ol the Empire. Th<- .Magistrate said: The world might one day regard Michael Collins al it now regarded George Washington, who was once branded as a rebel. Not long ago there was a war in South Afiiea, and Paul Kruger was denounced as a rebel. Acl a. few weeks ago the Prince of Wales had put a wreath on his grave. Sir Kind lay said Mr Hall Skelton had sat in council with men whose names were household words as preachers ol sedition. .After reference had keen made by counsel to the legal issue in connection with the issue of the documents, the Magistrate reserved bis decision.