Judge dismisses ‘Hair’ charge

Press, Volume CXII, Issue 32976, 24 July 1972, Page 14

Judge dismisses ‘Hair’ charge

CNew Zealand Press Association)

AUCKLAND, July 23.

A charge of contempt of court against the “Sunday News” for articles condemning the prosecution of “Hair” has been dismissed by Mr Justice Mahon in a reserved Supreme Court judgment.

Costs of $3OO were awarded against the Crown. The Attorney-General, represented by Mr D. P. Neazor, sought to have the newspaper fined and its editor, Mr A. Hitchens, committed to prison. Mr J. H. Dunn, of Wellington, appeared for the “Sunday News” and Mr Hitchens. Mr Justice Mahon found that no clear case of contempt of court had been made out by the Crown. He said the application was dismissed and the AttorneyGeneral was ordered to pay $3OO costs and disbursements. The question was whether the due administration of justice was jeopardised, he said. When the jury came to judge "Hair” it had already been exposed over the preceding months, if not years, to the scores of pages of conflicting public comment. The editorial comment of the “Sunday News” added merely another page to the dossier. Mr Justice Mahon said the existence of conflicting views on “Hair” was demonstrated < to him at the hearing by the 1 proof of publication by the ' Roman Catholic newspaper, “Zealandia,” of editorial com-i'

ment directed against the show and its promoters. He said: “As I pointed out at the hearing, there was here an apparent discrimination which might have suggested to an uninformed observer that the Attorney-

s General was proceeding against the newspaper ex- : pressing disagreement with i his decision and refraining • from prosecuting a news- ■ paper which, on the same day, apparently supported his decision.”