Charge Of Inciting Violence Denied

Press, Volume CIX, Issue 32118, 14 October 1969, Page 36

Charge Of Inciting Violence Denied

(New Zealand Press Association) AUCKLAND, October 13. By publishing the magazine “P.Y.M. (Progressive Youth Movement) Organiser, ’ William James Lee intended to incite disorder, violence or lawlessness, the Crown Prosecutor (Mr Q. M. Nicholson) alleged in the Auckland Magistrate’s Court today.

Lee, aged 22, a fitter, pleaded not guilty to a charge of inciting or encouraging disorder, violence or lawlessness on or about August 7.

He ajso pleaded not guilty to inciting disorder and behaving in a disorderly manner in the Auckland City Council administration building grounds on September 7. He is represented by Mr B. K. Shimkin. Detective John Clark Roberts said that on August 8 he went with another detective and two constables to a house at Springfield Road, Western Springs, which was occupied by Lee. RIFLE SEIZED A search warrant was executed and a .303 rifle with telescopic sights was seized. In every room there were many copies of the “P.Y.M. Organiser.” The magazine had two photographs on the front cover of men using rifles. Lee told him that the rifle which had been seized was in one of the photographs, Detective Roberts said. On the back cover were in-’ structions and diagrams for the construction of Molotov cocktails. Lee refused to let the detective have a copy of the magazine, but said they were printed on the duplicator in the house. Detective Roberts said he returned to the house on August 28 and seized copies of the “P.Y.M. Organiser.”

Inside it was a message that Mr Rogers, the American Secretary of State, was coming to New Zealand, and that there would be demonstrations outside the Intercontinental Hotel. The duplicator was not in the house on the second visit. Detective Edwards said that when he asked Lee what he hoped to achieve with the organisation's performances Lee said: “What they are doing in Northern Ireland now is nothing. You will get more than petrol bombs to look for.” When asked if he was going to start “that nonsense” again he answered: “Only when the great day comes.” Detective Roberts said that he and several other plainclothes detectives were at a

demonstration at Myers Park on September 7. Lee spoke to the crowd and said the detectives were in the crowd to start trouble and violence. A collection was made among the crowd and Lee told them that the money would go towards the fines of people arrested later that day.

The crowd then moved to the Auckland City Council administration building and assembled in the grounds, where Lee made a speech. “GET THE FUZZ” Detective Roberts said he arrested a man for obscene language. As he was trying to take him away he clearly heard Lee shouting, “Get the fuzz. Get the fuzz. They are only here to start violence.” As he left for the Central Police Station the meeting degenerated into a brawl. Detective Roberts said. Cross-examined by Mr Shenkin, Detective Roberts said he had never seen Lee or any demonstrators with Molotov cocktails or rifles. He knew Lee had a licence for the rifle. He had no idea the licence had just been revoked. He agreed that the rifle was of a type commonly used for hunting. He said he had never received any instructions to “get the ringleader” of this organisation.

Mr Shenkin showed a copy of Cite Guevara's .book, “Guerrilla Warfare,” to Detective Roberts, who agreed that diagrams in it showing the construction of a Molotov cocktail were almost identical to those in the magazine. Detective Roberts said he had not seen the May, 1968, issue of the Auckland University students’ newspaper “Craccum,” which included a recipe for Molotov cocktails. He also said he had not seen an episode of "Garrison’s Gorillas,” which showed how to make Molotov cocktails, nor an article on the subject in the June issue of “Playboy” magazine. Detective Roberts said he had not heard Lee say to the crowd, “We’ll make this an orderly demonstration with no violence.” Detective Sergeant John Hughes said the search on August 8 was made because the magazine with the Molotov cocktail instructions was issued just before the arrival of Mr Rogers in New Zealand. Detective Senior-Sergeant Brian Middleton said he went to the Springfield Road house at 4.45 p.m. on August 8. DUPLICATOR REMOVED Lee told him that he and Others were responsible for printing the “P.Y.M. Organiser.” Lee would not name the others involved. The duplicator had been removed from the house after the search that morning, but Lee would not say where it had been taken. The copies of “P.Y.M. Organiser” were distributed by mail and by hand, Lee told him. On August 28, witness said, he returned to the house with a warrant alleging that Lee had incited to violence. There was writing on the front door and windows of the house, including the

words “Agitate, Organise, Annihilate.” Detective Senior-Sergeant Middleton said he helped to construct a Molotov cocktail on October 1, following the instructions in the “P.Y.M. Organiser." The cocktail exploded on contact, with a loud noise and a sheet of flame. The witness said he and others went to the Progressive Youth Movement headquarters to make a search. They seized some posters and literature. Counsel, Mr Shenkin, said that most of the literature taken was Communist and Left wing. He suggested that the prosecution had a political flavour. POLICE IN CROWD Senior - Sergeant Melroy Huggard said that on September 7, the police were in and around a crowd of demonstrators in Vincent. Street, outside the Central Police Station. He saw Lee in the-crowd and asked him to get them moving. Lee said he could not do so. There were 300 to 400 people, blocking the. footpath and impeding traffic, said witness. Lee finally got the crowd to move on. As they moved up Cook Street Lee went from one small group to another saying, “Keep up the chanting, keep together, don’t get broken up.” Witness said the crowd was very belligerent towards the police. When Lee was arrested for inciting disorder and was taken away the crowd simmered down. A film of a television interview with Lee was shown in Court. Mr Shenkin submitted that there was no prima facie case on the charges of incitement on the ground that if Lee was guilty because of his association with the “P.Y.M. Organiser” all those ’ associated with the publica- ! tions mentioned were guilty of the same offence. He said the foreign political posters seized and pro- ; duced in court were in no way evidence of inciting to 1 disorder. i PRIMA FACIE CASE ‘ Mr M. L. Morgan, S.M.. 1 said he thought a prima facie. ; case had been established. He ( said the point was not that 1 other publications had not ' been prosecuted. The dia- . gram had to be taken in relar tion to the content of the rest ; of the pamphlet. In both the inciting charges an element of rousing up and stirring on had been shown. I There was a case to answer. Lee was remanded on bail . to next Monday, when the , prosecution evidence will be completed and the case for . the defence presented.