CHARGES FAIL.

Ashburton Guardian, Volume 53, Issue 51, 9 December 1932, Page 5

CHARGES FAIL.

UNLAWFUL ASSOCIATION. NEWSPAPER PUBLISHER FREED. (United Press Association—Copyright) SYDNEY, Dec. 8. The High Court to-day allowed the appeal of Francis Devanny, publisher of the "Workers' Weekly," against his conviction and sentence to six months' imprisonment under the provisions of the new clauses of the Federal Crimes Act, on Octo )er, 31. The conviction was quashed, vith costs against the Federal Crown Law authorities. The Court described the information as an amazing document, calculated to embarrass the trial. It was held that the averments were insufficient in law to sustain the allegations against Devanny. Mr J. W. Laidlaw, C.S.M., on October 31 delivered his reserved decision in the case instituted by the Commonwealth Crown Solicitor against Francis Harold Devanny for having solicited contributions for an unlawful association, the Communist Party of Australia. He found Devanny guilty, and sentenced him to six months' imprisonment. Mr Laidlaw said that in fixing the penalty he had paid due regard to the aims and policy of the Communist Party. He thought public attention should be directed to the publication of Communistic literature at various Government and municipal undertakings. Devanny had been twice fined £1 for taking part in unauthorised processions. Extracts from the "Workers' Weekly," of which Devanny was publisher, showed that it advocated action of a. revolutionary nature and civil war. Before Mr Laidlaw delivered his decision, Miss Jollie Smith, who appeared for defendant, said if his Worship was going to inflict a term of imprisonment instead of a fine she would ask that Devanny could continue on bail in. order to give her an opportunity of appealing to the High Court. Mr Laidlaw said the case was not different from any other. There were ways by which a man could be released on entering into a recognisance. Following the. decision, Mr Dovey (instructed by the Commonwealth Crown Solicitor) asked for costs in the proceedings, and said there had been a considerable amount of labour and expense. Mr Laidlaw ordered defendant to pay £36 15s costs, in default an extra seventy-four days' imprisonment with hard labour. This is the second case in which the Federal Government lias failed to obtain a conviction under the new provision dealing with sedition and unlawful bodies.