Whitlam accused of contempt

Press, Volume CXVI, Issue 34085, 24 February 1976, Page 15

Whitlam accused of contempt

(Neto Zealand Press Association—Copyright) CANBERRA, February 23. A Supreme Court judge in Canberra today reserved his decision on an application for an order showing why the Labour Leader of the Opposition (Mr Gough Whitlam) should not be dealt with for contempt of court.

Mr Justice Connor said i that he would give his deci-1 sion tomorrow on an appli-| cation made by a former 1 Federal Minister, Mr R. V. Garland.

Mr Thomas Hughes, Q.C., who appeared for Mr Garland, said that words recorded at a press conference given by Mr Whitlam last week imputed a guilty state of mind to Mr Garland, who had been charged with an offence against the Commonwealth Electoral Act, which he denied.

Mr Hughes quoted these words, which he said Mr Whitlam had used: “Mr Garland, as an accountant, as Liberal Party spokesman on the Electoral Act, would know the consequences of the facts alleged against him.”

Mr Hughes, who submitted that these words bore directly on Mr Garland’s at-

titude and state of mind, said that Mr Garland had told the police that he had not intended to commit any offence, and that he had said, and still maintained, that he had not done anything wrong. Mr Justice Connor said that he had not had an opportunity to study the transcript of Mr Whitlam’s reported remarks, but it did seem that a number of interpretations could be attached to Mr Whitlam’s words.

Mr Kep Enderby, Q.C., who appeared for Mr Whitlam, spoke only briefly: he said that Mr Whitlam stoutly affirmed that there was no contempt on his part, and that he had been concerned only to criticise the Prime Minister (Mr Fraser). Neither Mr Whitlam nor Mr Garland appeared in i court.