SUBVERSION CASE

Grey River Argus, 19 March 1941, Page 4

SUBVERSION CASE

Appeal Court TO GIVE EARLY DECISION. I Per Press Association] WELLINGTON, March 18. The hearing of the Ostler and Christie appeals was resumed this morning. Ostler, addressing the Court in reply to the Crown, 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, accused may be convicted of such an attempt, and punished accordingly. That argument, however, he submitted, overlooked the fact that the regulations under which he was charged distinguished between commission and attempt, as separate substantive offences, and the Crown at the trial at Christchurch treated them as separate offences, and laid separate charges. Ostler was dealing again with the question of penalty when the Chief Justice said: “You are an educated young man. Assuming for the moment that you fail on these legal points that the Court has to consider, can you not even now see the enormity of these offences against these regulations?” Ostler: “I’m afraid that that is a question which I find it difficult to answer on the spur of the moment ” Sir M. Myers: “Very well.” When Ostler finished his address, Christie was asked by the Court whteher he wished to add anything. He replied that he did not. The Chief Justice then said that the prisoners would be required in Court to-morrow for the following day. In view of the statements made yesterday by Ostler, he, with the concurrence of the 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 Northcroft’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.