"VENIAL OFFENCE"

Auckland Star, Volume LXXII, Issue 168, 18 July 1941, Page 8

"VENIAL OFFENCE"

CENSORSHIP BREACH

RAILWAY FITTER FINED £2

Appearing on summons in the Police Court to-day before Mr. F. K. Hunt, S.M., charged that on March 23 he did publish information which would, or might be. directly or indirectly useful to any state with which His Majesty is at war, Leonard Walter Scott Reid. a fitter employed at the railway workshops. Otahuhu, pleaded not guilty.

Mr. F. H. Haigh appeared for de fendant.

Detective-Sergeant Nalder said the prosecution was under the heading of "prejudicial information." and was brought under the Censorship and Publicity Emergency Regulations, 1939. Mr. Nalder said Reid approached a printer and wanted 1000 copies of a leaflet printed. Defendant produced the copy which he wanted printed, but after making inquiries regarding the legality of the proposed leaflet it was not printed. The copy for the leaflet was submitted to the SolicitorGeneral and the Director of Publicity.

After reading the draft copy, Detective-Sergeant Nalder said it was the contention of the prosecution that if such publications were permitted they might furnish the enemy with information relating to possible military objectives. "If thousands of copies of this kind of document were to be printed and broadcast, it is not unlikely that some of them would fall into the hands of persons on neutral ships trading in our ports, and ultimately find their way into enemy hands," said Mr. Nalder.

Mr. Haigh said the facts would be admitted, but he submitted that they did not disclose any offence under the regulations. All that it was alleged Reid did was to hand some written copy to a printer. No leaflet was printed. Reid wanted a leaflet printed on behalf of a united workers' committee, as he considered the matter referred to in the copy to be in the public interest in connection with the erection of air raid shelters.

Counsel added that Reid composed the copy for the proposed leaflet from notes taken from the books published by a famous British biologist and scientist. Reid had no idea that there was anything in the copy that would be of value to the enemy. "There's a right way and a wrong way to discuss these things," said the magistrate. "The right 'way is not by leaflets. If defendant wishes to bring something before the public, he can write to the papers or go to the proper authority—"

Mr. Haigh: I submit there is no legal offence and that the matter in question does not come under the headings in this charge. Mr. Hunt: I am satisfied that defendant wanted people to get proper protection and that what he did was perfectly innocent, and meant to give nothing awav, but the regulations are so strict and have to be observed. He will be fined £2 This was only a venial offence.

. Mr. Haigh asked the magistrate to increase the fine to £5 1/ to permit an appeal being taken, if necessarv, but Mr. Hunt refused this request