6Oz’ editors gaoled: storm of reaction

Press, Volume CXI, Issue 32679, 7 August 1971, Page 17

6 Oz’ editors gaoled: storm of reaction

(N.Z.P.A.-Reuter—Copyright)

LONDON, August 6. The gaoling of three underground magazine editors on obscenity charges by a High Court judge in London has provoked a storm of reaction throughout Britain.

Politicians, pop stars, newspapers and civil liberties groups have all protested against the sentences imposed yesterday on the three men—an Australian, Richard Neville, James Anderson, and Felix Judge Argyle.

Neville was gaoled for 15 months and recommended for deportation, Anderson gaoled for one year, and Dennis for nine months. All are to appeal against conviction and sentence. As the sentences were announced, hippies and supporters of the magazine—called "Oz”—danced round an effigy of the judge, which was burnt. Several were arrested in scuffles with the police. Press reaction The reaction by press and public figures was immediate. The "Daily Mail” said that it believed the three defendants had got far more than they deserved from a British judge. The newspaper said: “The gaol sentences for all three, ranging from nine to 15 months, are excessive to the point of judicial brutality.”

The “Sun” said that a gold-plated sledgehammer had been used to crack a very squalid nut, and concluded: “The whole ‘Oz’ affair has been blown up out of

all proportion to its mean and nasty gutter origin. It is the ‘Sun’s’ view that the sentences have been similarly inflated.” As the row continues, the members of the new editorial board of "Oz” promised that the next issue would be a bombshell. “This time they will need the sedition laws, not just the obscenity laws, to bust us,” said one. Commons motion Eleven members of Parliament, including three former Labour Government Cabinet ministers, have tabled a Commons motion expressing shock at the severity of the sentences. In a statement, they said that young people would consider the gaolings as an act of revenge by the Establishment. Kenneth Tynan, author of the controversial play, “Oh! Calcutta!” said that battle had been joined between Judge Argyle’s England and Free England—and that the trio were the first prisoners of war. A Beatle, Mr John Lennon, and Mick Jagger, lead singer

with the Rolling Stones rock group, hit out at the sentences, saying that the only moral crime had been committed by police and the judge. Mr Lennon said that it was "disgusting Fascism.” Some agree Some voices agreed with the judge. “The Times” newspaper, admitting that the sentences were exceptional, said that the judge had sufficient justification for being severe, as the morals and well-being of children had been endangered. The “Daily Telegraph” said: “The sentences were clearly intended by the judge to be of a deterrent nature —who can claim that deterrence is not needed in this field?” The "Daily Express,” in support of the verdict said: "This is a danger signal to all who peddle in pornography. “Suddenly those who thought there was no limit to the assault on standards find there is a limit—the shockers have been shocked.” Judge’s remarks Passing sentence, Judge Argyle said that as all three were over 21 and comparatively poor, probation or fines were inappropriate. It followed that the sentence mtist be custodial. H e told Neville: “You have a very great ability and very great intelligence.” To Anderson, he said: “You are a member of the Australian Bar a man of previous good character. Your case has given me the greatest difficulty and concern. Unfortunately, I have no option but to sentence you to a term of imprisonment. He said to Dennis: “You are very much less intelligent than your two co-defendants.

and a much younger man, and I have taken this into consideration.”

Earlier, Mr Alan Robins, principal probation officer at the Old Bailey, told the Court all three were “united in their view that there are aspects of society which appal them.

They sincerely believed that they were taking active steps to bring change through "Oz.”

“They are proud of ‘Oz.’ From their point of view there is nothing objectionable about *Oz’ schoolkids’ issue.” All three were most articulate. highly intelligent and expressed a lack of interest in material gains. Neville, who conducted his own case, was asked by the judge to speak for himself.

He reminded the judge that they had been acquitted on the major charge of conspiracy to corrupt. “What I am trying to say is that although we were acquitted, many people, not only pressmen .or people we met in prison, somehow think we have been convicted of interfering with young people. “We will be defending our selves for the rest of our lives against that charge.”

He continued: “I do believe that it was a very fair trial and this Court has treated us with every courtesy and in my own case, because I was defending myself, with every consideration. “But I felt it was a fair trial up until the summing up, and I.really must say our case became unrecognisable in your mouth.” Neville said he thought the judge had acted out of lack of understanding. “There is a sayfng that people cannot see the wood for the trees. In this case I do not think you saw the trees for all the naked bears.”

Speaking straight to the judge, Neville said: “If you gaol us we can undo some of the damage. We can undo some of the damage because we do have the Court of Appeal. “But by gaoling us you do more damage that we cannot undo,” Neville said.

“I am not talking about ourselves as individuals. In fact, it is quite comfortable in gaol. The food is not bad and you get a good rest. “I am talking about the damage tb the already fading optimism of the generation. “Your generation, while it appears to be listening, is in fact deaf,” he added.

The judge also made a forfeiture order for all copies of issue 28, "The Schqolkids Issue," which were seized by police.