OSTLER APPEAL

Waikato Times, Volume 128, Issue 21372, 17 March 1941, Page 6

OSTLER APPEAL

SUBVERSIVE CHARGES CASE BEFORE COURT (By Telegraph.—Press Association) WELLINGTON, Monday The appeals of Harold Alexander Ostler and Travers Burnell Christopher Christie, from the convictions recorded against them at Christchurch on February 13, of attempting to publish a subversive statement. and the sentences of 12 months hard labour imposed by Mr Justice Northcroft on each ol them -were commenced in the Court of Appeal today. The court consists of the Chief Justice. Sir Michael Myers, and Justices Smith, Johnston and lair. Mr C. Taylor, the Crown Solicitor, is appearing for the Crown and the prisoners are appearing for themselves. The case stated, as submitted to the Court of Appeal, by Mr Justice Northcroft. discloses that at the trial the prisoners objected to the indictment so far as the charge on which they were convicted was concerned, in that the consent of the AttorneyGeneral, which was given to the prosecution on October 1, 1940, did not extend to that particular charge. Further, they objected that the information was laid before the written consent of the Attorney-General was, in fact, obtained, and finally that the indictment did not state that the subversive statement was intended to be relied on by the Crown. The case stated asks for the opinion of the Court of Appeal on these objections. When the case was called Sir Michael Myers said that two matters before the court. The first was the matters raised by Mr Justice Northcroft, pertaining to the conviction itself, and the second the application by the prisoners for leave to appeal from the sentences imposed on them. Correctness Questioned When the Chief Justice called on the prisoners to present their case, Ostler raised the question of the correctness of the case stated, which in paragraph six states: “Mr A. T. Donnelly (Crown Prosecutor at Christchurch) stated further that, he relied on the paper as a whole. He said he had indicated to the solicitors of the prisoners certain passages of the newspaper to which he proposed, at the trial, to draw special attention. These statements of Donnelly were not challenger in any way by the prisoners.” Ostler objected to this statement, alleging that Mr Donnelly had not, in fact, made this alleged statement at the trial and could not have done so, as neither they nor their solicitors, had at any time prior to the trial, had pointed out to them the passages on which the Crown relied. Ostler alleged that it was not till Mr Donnelly addressed the jury that they knew parts of the newspaper on which the Crown was basing its charges. The court, after some discussion, noted the objection. Ostler also asked leave to call further evidence with the intention of proving that the People's Voice had never been declared by the authorities to be subversive or illegal. The court refused a permit , for further evidence to be called. Christie then commenced to address the court on the points raised in the case on appeal. (Proceeding)