Appeal decision reserved

Press, 28 August 1978, Page 4

Appeal decision reserved

PA Auckland Mr Justice Mills, in the Supreme Court of Auckland, has reserved his decision on a motion seeking leave to appeal to the Court of Appeal by the leader of the National Socialist Party, Colin Durwood King-Ansell. Mr King-Ansell wants to appeal against a decision given by his Honour in June. His Honour dismissed an appeal by Mr King-An-sell against conviction in the Magistrate’s Court in Auckland on a charge of publishing a pamphlet likely to incite ill-will against Jews on the grounds of their ethnic origin. Mr King-Ansell’s counsel (Mr R. C. Nordgren) submitted that the decision was wrong in law because the words “ethnic origin” in section 25 of the Race Relations Act , (1971) should not hav'e been applied to Jews. He said that it was further wrong because the learned Magistrate gave no finding as to the question of intent. The questions of laws involved were ones which, by reason of their general or public importance, or for other reasons, ought to be submitted to the Court of Appeal for decision. Appearing for the police, Mr R. P. G. Haines said both the matters raised by the appellant

were not questions of law. The issue of whether Jews had ethnic origins was a question of fact, and not law.

With regard to the question of intent, Mr Haines said that the Magistrate in his judgement had made it clear that the necessary intent was present. Under the provisions of the Summary Proceedings Act, an appellant can ask the Supreme Court for leave to appeal to the Court of Appeal on a question of law only.