NEW TRIAL

Wairarapa Times-Age, 18 March 1941, Page 6

NEW TRIAL

ASKED FOR BY OSTLER AND CHRISTIE APPEAL COURT HEARING. ALLEGED MISDIRECTION. (By Telegraph—Press Association.) WELLINGTON, This Day. An appeal against their conviction in the Supreme Court, Christchurch, on February 13 last, on a charge of attempting to publish a subversive statement. and against the sentence of one year’s hard labour, was made in the Court of Appeal yesterday by Harold Alexander Ostler and Travers Burnell Chistopher Christie. On the bench were the Chief Justice (Sir Michael Myers), Mr. Justice Smith,. Mr. Justice Johston and Mr. Justice Fair. The hearing, which is nearly completed, will continue at 10.30 o’clock this morning. Mr. C. H. Taylor appeared for the Crown, Ostler and Christie conducting their own cases. The grounds of appeal urged by the two accused were first, that the charge of attempting to publish a subversive statement had been brought against them without the consent of the Attor-ney-General. as required by the Emergency Regulations; secondly, that no details of the alleged subversive statements were put in the indictment, as a result of which they could not prepare adequately their defence; and thirdly, that the explanation given to the jury by Mr. Justice Northcroft on the difference between “attempt” and ‘intent” so confused the jury as to amount to misdirection. In addition they appealed against the sentence on the ground that it was excessive, and asked for a new trial on the ground of misdirection, which they submitted had caused a miscarriage of justice.