GATHERING OF NEWS

Press, Volume CIII, Issue 30452, 28 May 1964, Page 13

GATHERING OF NEWS

Court Upholds Principle (N.Z. Press Assn.—Copyright) SYDNEY, May 27. A Sydney Central Court magistrate yesterday dismissed a charge of offensive behaviour against a television photographer. He said he could not accept unreservedly police evidence and ordered a constable to pay £B2 5s costs. Mr J. Scarlett, S.M., said he did not accept the version of Constable G. W. Schmitzer, who claimed he arrested the photographer, Richard McNicoll, aged 21, during a student demonstration in Wynyard street on May 6. Mr Scarlett said that McNicoll may have been convicted if photographs had not been produced. In awarding costs, Mr Scarlett said McNicoll was in possession of a press pass issued by the Commissioner of Police and was engaged on duty to take photographs at the time Of his arrest. “Any attempt to suppress the activities of persons concerned with publicising events in the manner of the defendant is to be avoided,” the magistrate said. He dismissed the charge without calling on McNicoll to enter a defence. In evidence, Constable Schmitzer said he went to Wynyard street, where a student demonstration was being staged. He saw McNicoll pushing through a crowd. He said McNicoll was waving his arms about and pushed past him. McNicoll’s camera struck him a glancing blow on the face.