APPLICATION BY MRS BARNES

Press, Volume LXXXVII, Issue 26515, 1 September 1951, Page 8

APPLICATION BY MRS BARNES

LEAVE SOUGHT TO PROSECUTE

MAGISTRATE RESERVES DECISION •

(New Zealand Press Association) AUCKLAND, August 31.

Freda Ellen tsarnes. a Justice of the Peace and wire of Harold Larues, national president of me deregistered Waterside Workers’ Union, sought in the Magistrate’s Court to-day an order under the Law of Libel Amendment Act, 1810, granting her reave to begin a prosecution against Wilfred Henry Fortune. Minister in charge of Police. Mrs Barnes alleges criminal defamation.

The Magistrate (Mr L. G. H. Sinclair, S.M.) reserved his decision, which, he said, he would give in writing, probably on Tuesday.

Mr P. C. P. McGavin, ot Wellington, appeared in support of the applica tion, and Mr A. K. Turner appeared for the respondent. It was alleged in Mrs Barnes’s apSlication that at a public meeting at fount Eden on August 15. Mr Fortune, without legal justification, used the words. “Who is the combined women s committee?” and that upon the interjection “Working men's wives’.’ being made. Mr Fortune said: “No. the Communist Party. ... It is a Communist organisation.” It was further alleged that these words meant that the members of the committee were Communists and were part of a Communist organisation: and that such words were likely to injure the reputation of members of the committee by exposing them to hatred and contempt, and to injure Mrs Barnes in her capacity as a Justice of the Peace.

Further grounds in support of the claim for an order were set out in an affidavit by Arthur Reginald Eyre, a carpenter and former waterside worker. Eyre said that the words complained of were reported in a newspaper. He added that he had heard the matter discussed by several former waterside workers, and all had expressed anger and resentment as a result. Similar Case Quoted Mr McGavin said that the only previous similar case was taken in the Auckland Court several weeks ago when leave was granted to proceed against Harold Barnes. Mr McGavin said he did not agree that, leave was properly granted in .that case, but equal administration of justice demanded that the same considerations should be applied in the present case. Mr McGavin submitted that a basis for a criminal charge was the tendency of the words to create a condition gravely deleterious to the harmony of the State. In the previous case the words referred to a constable, who was held to be part of the judicial system. If that was so, then in the present case it could be held that Mrs Barnes, as a Justice of the Peace, was also part of the same judicial system. Mr McGavin quoted numerous authorities in support of his contentions. Mr Turner submitted that the application could not succeed because it was devoid of merit on the facts, and was unsupported by authorities. “I will go so far as to suggest that this is an attempt by the litigant to misuse the processes of this Court for the purposes of political propaganda." said Mr Turner. He added that the authorities showed that only when some public official was slandered in his public capacity would the Court grant the kind of application sought. There was no suggestion that the words were used against Mrs Barnes in her capacity as a Justice of the Peace. To grant the application would enable the relevant section of the act *o be used as an instrument of propaganda to suit private persons. Mr Turner asked the Magistrate to dismiss the application. The Magistrate, in announcing that he would reserve his decision and consider the many matters involved, said he was grateful to both counsel for the submissions made