CONTEMPT OF COURT

Wairarapa Times-Age, 14 July 1939, Page 6

CONTEMPT OF COURT

PUBLISHER OF “TRUTH”

FINED SUGGESTION AS TO SENTENCE ON PRISONER. AFTER HE HAD PLEADED GUILTY. (By Teletfraph—Press Association.) WELLINGTON. This Day. The publisher of “Truth.” N. Tonks. was fined £lO and costs by reserved judgments delivered by Sir M. Myers (Chief Justice) and Mr Justice Reed in the Supreme Court for contempt of court on May 3. A prisoner, Leslie Eric Towns, had pleaded guilty in the Magistrate’s Court at Christchurch to indecently assaulting a female and ••Truth.” before Towns appeared for sentence, stated that he should be punished with the utmost rigour of the law.

Sir M. Myers said the publication of the matter complained of was only contempt if it was calculated to prejudice, obstruct or interfere with the due administration of justice. He entertained no doubt that it was. A court must not only be free, but must also appear to be free from any extraneous influence. The appearance of freedom from any such influence was just as important as the reality. Public confidence must necessary be shaken if there was the least ground for any suspicion of outside interference in the administration of justice. Any publication, therefore, that stated or* implied that sentences imposed by a court were or might be affected by popular clamour, newspaper suggestion or any other outside influence was, in his opinion, calculated to prejudice the due administration of justice. Mr Justice Reed said it was contended that a judge would not be influenced by the publication in the measure of the sentence he would impose and that consequently the course of justice could not be obstructed or interfered with. “1 agree that a judge would not consciously allow himself to be influenced by the comment,” said his Honour, “but its presence would be extremely disturbing to the judge in the discharge of his duty, to cause which is in itself a contempt of court.”