SUBVERSIVE.

Auckland Star, Volume LXXI, Issue 155, 2 July 1940, Page 10

SUBVERSIVE.

ELECTION SPEECH.

ROY STANLEY SENTENCED. FOUR MONTHS IN PRISON. "It appears to me that this particular «|>eeeh tended to give one the impression that what otherwise would be called reasonable criticism runs over and becomes advocacy for one portion of the community to rise ii|> and stop the war. I can see no doubt whatever that defendant's s|>eech, in part, and a subtle summing u[>, was subversive within the meaning of the statute. He must be convicted."

So said Mr. F. H. Levien, S.M., in the Police Court yesterday afternoon, when he gave hi* decision in the case of Roy .Stanley, who. last Friday, pleaded not guilty to a charge of publishing a subversive statement in a speech made on May 3. The speech was made at a meeting held on behalf of the Communist candidate during the recent Auckland West by-election.

At the hearing Mr. V. R. Meredith, Crown Prosecutor, conducted the case for the police, while Mr. F. McCarthy represented the defendant.

Mr. Levien isaid lie had given full weight to the principle that the regulations under which the charge had been brought should 'l>e closely scrutinised and that the speech was made during an election campaign when people -were allowed a certain amount of latitude. He had also taken into account that the speech was given prior to the prosecution of others who lied recently l>een sentenced to tonne of imprisonment. Stanley was sentenced to four month**' imprison ment. When Mr. McCarthy intimated that an appeal would probably be lodged, Mr. Meredith quoted a section of the regulations which states that miles* the Attorney-General otherwise directed, no person shall Iμ? released from custody during the tendency of an appeal from conviction.