CHARGE DISMISSED

Gisborne Herald, Volume LXXV, Issue 22585, 13 March 1948, Page 6

CHARGE DISMISSED

NEWSPAPER CASE INCITEMENT ALLEGED MAGISTRATE'S COMMENT (P.A.) WELLINGTON. March 13. "I think it would be a strange thing indeed if newspapers were restricted in giving what I think is a fair report on the news of this business' or were restricted in the proper free expression of their opinion.” This comment was made by Mr. A. M. Goulding, S.M., in tne Magistrate's Court yesterday when dismissing charges of inciting and encouraging a strike brought against Blundell Brothers, Limited, and against the publishers of the Evening Post, Henry Percy Fabian Blundell, Leonard Coker Blundell and Ernest Albert Blundell. The charges were brought by the inspector of factories as a result of an article headed “Compulsory Meeting" dealing with the holding of a stop-work meeting of the city and Hutt branches of the Wellington Carpenters and Joiners' Union, appearing in the Post on February 1G

Action Quite Proper

“The Post is quite properly putting before the public its viewpoint and the Government viewpoint and the employers’ viewpoint and, I believe, the employees’ viewpoint of the whole situation.” said the magistrate. “I don't think it is proper for the prosecution iq this type of case to select a small sentence, such as been selected, as the basis of these charges and not look into the text in which it occurs, and then say that the sentence is very indefinite, it is an incitement or encouragement to men to strike and to attend this stop-work meeting.

“It was known that there had been a decision to stop work and members of the union had received a circular in which it was intimated that the attendance of every member was demanded. It was known that the attitude of the Government was opposed to the meeting. The newspaper reported the Government's action and the Government’s attitude over the matter, following it almost immediately below with the publication of the statement complained of. Headline and Article “It was impossible to read the headline and separate it from the rest of the article and say that the words used would incite, and urge men to, at’ the end of the meeting and that it was compulsory to attend the meeting” said Mr. Goulding. “A good deal of other information was contained below that.

“On comparing the report in the Post with that in the Southern Cross on the following morning it was impossible. or ridiculous, to suggest that any carpenter or any other men reading the whole of the news of the building trouble would conclude that the Post or the Southern Cross were inciting or urging men to attend the meeting, or doing anything which would in any way compel the men to do so-

“That is my view on reading the article, and I think the prosecution has failed to establish that this article was an incitement,” said Mr. Goulding. Thomas George Fielder, inspector of factories, said he was the officer of the department who decided whether or not informations would be laid under the regulations. That applied only up to a point. In matters of national interest they were referred to the head office. Decided by Head Office Mr. H. R. C. Wild, for the Post: Did you decide yourself in this particular matter? Witness: No. It was decided by the head office. Mr. Wild produced a Southern Cross of February 17 and drew witness’ attention to a paragraph headed. “Carpenters to Meet Todaj’.” and to a sentence in the paragraph, “Attendance Will be Compulsory.” Witness agreed that there was no difference between the sentence in the Southern Cross and the one complained of in the Post, excepting the wording. Mr- Wild: Has any information been laid against the publishers of the Southern Cross? Witness: Not to my knowledge. “Have you laid one?—No. “The Southern Cross mav still have something in store for itself.” said the magistrate, with a smile. Mr. W. R. Birks, for the prosecution, said he must agree that he had failed on the charges of inciting, but he maintained that on the charges of encouraging a strike the situation was different, A newspaper must be presumed to intend the natural and probable conseouences of its acts in publishing a statement. Even from a technical view alone, said Mr. Goulding. he thought the prosecutions must fail for the reason that no incitement had been proved to be effective on any carpenter, and no encouraa'ement had been proved to be effective on any carpenter. The charges were then dismissed.