DECISION RESERVED

Gisborne Herald, Volume LXVIII, Issue 20507, 18 March 1941, Page 8

DECISION RESERVED

PRISONERS’ APPEALS CHARGE OF SUBVERSION FULL COURT HEARING (Per Press Association.) WELLINGTON, this day. Argument Was concluded before the Full Court to-day on the appeals by HarOld Alexander Ostler and Travers Burnell Christopher Christie from the eon vie lion recorded against them at Christchurch on February 13 of attempting to publish a subversive statement and the sentence of 12 months’ hard labour imposed by Mr. Justice Northcroft on each of them.

Mr. C. H. Taylor, Crown solicitor, appeared for the Crown, and the prisoners conducted their own case.

Ostler, addressing the court in reply to the Crown solicitor, contended that the Crown’s case rested entirely on section 394 of the Crimes Act, Which provides that where the complete commission of the crime charged is not proved but the evidence establishes an attempt to commit that crime, the accused may be convicted of such attempt ahd punished accordingly.

That argument, however, lie submitted. overlooked the fact that the regulations under which he was charged distinguished between the commission and an attempt as separate substantive offences, and the Crown dt the trial at Christchurch treated them as separate offences and laid Separate charges. Judge’s Question

Ostler was dealing again with the question of penalty when the Chief Justice. Sir Michael Myers, said: “You are an educated young man. Assuming for the moment you fail on these legal points that the court has to consider, can you hot even now see the enormity of these offences against these regulations?”

Ostler: I am afraid that that is a question which I find difficult to answer on the spur of the moment. The Chief Justice: Very well. When Ostler had finished his address, Christie was asked bv the court whether he wished to add anything. He replied that he did not. The Chief Justice then said the prisoners would be required in court to-morrow or the following day. In view of statements made yesterday by Ostler, he, with the concurrence of other members of the court, had communicated with Mr. Justice Northcroft, who would let them know what he had to say about the misdirections which Ostler alleged had been given .to the jury at the trial. If Mr. Justice Northern's answer rendered it necessary, the Crown solicitor and the prisoners would be sent for. In the meantime, judgment would be reserved and the prisoners would remain in Wellington. The cases would be disposed of in the present week.