Trespass fines quashed

Press, 29 April 1978, Page 2

Trespass fines quashed

PA Wellington Fines imposed on three persons convicted of wilful trespass in Parliametn during the debate on the Security Intelligence Service Bill last October were quashed on appeal by Mr Justice O’Regan in the Supreme Court at Wellington on Thursday. The appellants are Trevor Colin Mallard, a teacher, who had been fined $100; and Frederick John Bowden, a research assistant, and Patricia Doyle, a psychiatric nurse, who had each been fined $75. His Honour dismissed appeals by all three appellants against conviction on the charge, but in lieu of the fines discharged them without conviction under section 42 of the Criminal Justice Act.

The appellants were arrested for refusing to leave after the Acting Speaker had commented on the unseemly conductrof some persons in the public galleries and had then ordered the galleries to be cleared.

The Magistrate had said he was not unmindful of the feeling in the House on the evening in question and had had regard to the fact that none of the appellants had previously transgressed the law, his Honour said. Both Bowden and Doyle were the subject of references in glowing terms from persons of standing in the community and Mallard had received a letter from the police expressing appreciation of his assistance to the police. Each of them had held an honest view that they were entitled to stay and while that did not avail them on the question of guilt it had a bearing on the penalty. With their previous good records, their cases could be differentiated from those members of the public in the gallery who were guilty of unseemly conduct, said his Honour.

The Magistrate had found as a fact that none of the appellants was within that category.