AN UNUSUAL CASE

Ashburton Guardian, Volume 53, Issue 285, 13 September 1933, Page 3

AN UNUSUAL CASE

DISLOYALTY AND DISAFFECTION.

ALLEGATION AGAINST SLAV. (Per Press Association). AUCKLAND, Sept. 11. An application of an unusual kind was made in the Supreme Court on behalf of the Minister of Internal Affairs, when Mr Justice Herdman was asked to revoke the naturalisation papers granted in 1928 to a Jugo-Slav, Ivan Tomaseyic. The application was based on allegations of disloyalty and disaffection against Tomasevic. Mr Hubble appeared in support of the Minister's application, which he said was the first proceeding brought before the Court in New Zealand under the British Nationality and Status of Aliens (in New Zealand) Act of 1925. # The defendant came forward and said he had been advised not to go into the box and give evidence. He was opposing the Crown's- application to revoke his certificate of naturalisation. Mr Hubble" said the Act under which the proceedings were taken provided that the British Act dealing with naturalisation should be adopted in New Zealand. On November 11, 1926, the defendant was naturalised in New Zealand under the Act then in force which corresponded to the existing Act. The British Act provided that the Secretary of State could revoke the certificate of naturalisation of a person "who had shown himself by act or speech disaffected v or disloyal to his Majesty." The Supreme Court, in accordance with the English Act, had power to cancel a certificate of naturalisation. The Crown's Allegation. Mr Hubble said after the defendant had been naturalised he took a leading part in Communistic activities among the Jugo-Slavs in Auckland. In a raid 'on the Communist headquarters at 166 B Vivian Street, Wellington, on April 21, 1931, quantities of literature and correspondence were fotmd. This showed that defendant was an enrolled) member of the Communist party and correspondence would be produced showing that he took an active part in the organisation and in obtaining copies of the "Red Worker," and a pamphlet called "The Swindle." He had'been seen by police officers in company with Communists, and addressing Communists. The literature of the party showed clearly that its aims were such that an active member could not really be a loyal and good subject of the King. The grant o± naturalisation was not a right but in the discretion of the Minister. The defendant had taken the oath of allegiance but his activities had been such that the only inference was that he was not loyal. ' Oath Not Kept. The Crown said that defendant had claimed the special privileges attaching to British citizenship, and he had adopted a line of conduct that showed that he was not adhering to his oath of allegiance. He could not be loyal both to the Communist party and to the Crown. The literature to be produced undoubtedly tended to promote a feeling of illwill and discontent, and some of the papers deliberately incited to violence. The Crown did not go to the length of proving sedition, but it had proved disaffection and disloyalty. Police evidence was given on the lines of Mr Hubble'.s statement, and numerous documents were produced. The hearing was adjourned. JUDGE TO MAKE REPORT. (Per Press Association). AUCKLAND 1 , September 12. Hearing of the application made on behalf of the Minister for Internal Affairs to revoke the naturalisation papers granted in 1926 to Ivan Tomasevic on the ground of his alleged disloyalty and disaffection, was continued before Mr Justice Herdman. When Detective Bayliss was giving evidence of the Communist Party's propagandist activity the Judge asked: "Do these men do any work?" Witness: Yes, some do; but there are others who do not. Defendant, in reply to his Honor, said that he did not write the articles in the "Red Worker," which had been quoted, and contended that he should not be held responsible for what the party did. . Detective Nalder said that defendant was a prominent member of the Communist, Party in Auckland and the leader of the Jugo-Slav group, which had from 60 to 80 members. A Communist Booklet. Mr V N. Hubble, for the Crown, produced a copy of a booklet entitled "Communism," and the witness said it was printed in Sydney, and sold in the streets by Auckland Communists. Tomasevic was the head of a branch of the Auckland Communist group. Defendant said that he was not the leader of a club which had been mentioned by Detective Nalder, nor was the club connected with the Communist party- , His Honour: Do you want to make a statement? Defendant: What will be the position of my wife and daughter, who are New Zcalanders by birth, if.my naturalisation papers are cancelled? His Honor: I do not have to go into that. All I have to do is to report. Do you wish to give evidence? Defendant: No. Since I have been in New Zealand I have worked honestly. I did not write the articles in the papers shown in Court and I am not responsible for what is published. • Addressing the Court for the Crown, Mr Hubble submitted it had been definitely proved that defendant Jinked up with the Communist Party, which advocated direct violence. It was hardly right that a foreigner should come to New Zealand of his own free will, be granted privileges and then be so hostile. With regard to the wife and stepdaughter, the wife would, if

naturalisation were cancelled, remain a British subject. His Honor: Is there some Avay of sending these persons back to their own country ? Mr Hubble: I think there is, but not while they are naturalised subjects. " The Judge said that he would look into the matter and .report to the Minister.