AUCKLAND CASE.

Manawatu Standard, Volume LX, Issue 121, 20 April 1940, Page 8

AUCKLAND CASE.

MAGISTRATE'S OBSERVATIONS. Per Press Association. AUCKLAND, April 19. When lines totalling £l9O were imposed by the Magistrate (Mr W. It. McKean) in a reserved judgment in the eases in which five defendants were charged with publishing, printing, or facilitating the publication or communication of subversive reports in leaflets or in the newspaper People’s Voice. Air AlcKean said : “As to the leaflets and the articles which are the subject of these proceedings, I am unable, after reading them, to think they represent the honest views of tho section of the community opposed to the war and anxious only by lawful means to persuade others to accept their views, lor 1 gather it is this war that is au unjust one, but that other wars may be justified.” ' The Magistrate remarked that the invasion of Finland by the Soviet was apparently considered something that called for commendation, and was referred to as a march of liberation. “It is asserted that Britain armed Hitler to lead the attack on the Soviet, that Britain and France did not want peace, that the soldiers are being sent to die by people who stay at homo and rake in big profits, that tho soldiers will come home to find they have lost at .home all the tilings tliev believed they were fighting to defend, that the Labour leadere have deserted tho cause of the working class and. are asking tho workers to die for a cause not their own, that tho Bolsheviks alouo stand for the working class and that against them it is the aim of tho real enemy, namely, the British bankers and trust magnates, to switch the war.” ■ Air AlcKean said everyone of the leaflets and articles produced was a breach of Regulation 5 of the Crimes Act, and it was not necessary for the prosecution to prove intent. It was unnecessary so far as Regulation 14 was concerned that such statements should be intended to prejudice recruiting. but if they were not so intended it was difficult to understand why they were published. CONTENTIONS OF COUNSEL. Air AlcKean heard the submissions of counsel (Air Dickson) for the printer Simpson, who said tho latter was not a Communist and did not subscribe to the political views expressed in the pamphlets, but merely accepted the printing of them as a job of work. Air AlcKean : It docs not seem to be of any interest to know whether lie is aJJommunist ir not. Communism as a political belief is not prohibited in this country. For Ashton, Gould and AlcCarthy counsel (Air Hogben) said these men held strong political views, but were absolutely sincere, For tho Crown Air V. 11. AlercditK said such statements as were involved in these cases assisted the enemy in undermining the war effort. The Alagistrate, remarking that the sincerity of the men was assumed, said the question of sincerity could not be taken into consideration if the Government laid down that such statements were to be prohibited. The regulations provided for .a penalty of £IOO or three months’ imprisonment, or both. Costs 10s were ordered in each case.