COURT NEWS

Grey River Argus, 23 November 1942, Page 3

COURT NEWS

CONVICTION QUASHED DUNEDIN, Nov. 21. An appeal by Maida Alice McLean against her conviction by a magistrate on a charge of participating in the activities of a subversive organisation was upheld in the Supreme Court in a judgment by Mr Justice Kennedy, who stated that appellant, a member of Jehovah’s Witnesses, called at houses, ostensibly inviting those interested to read the Bible-. Under cover of this it might possibly be inferred that she really engaged in oropaganda. If there had been proof that what was done was an activity of the organisation, a conviction might be properly entered, he said. There was, however, no evidence as to what the organisation’s activities were, and no proof that this was one of its activities. It would seem to have been easy for anyone acquainted with the organisation’s activities to depose of this, but no witness was asked any questions: As to the question whether the Court should take judicial notice of the method of approach as being an activity the organisation, Mr Justice Kennedy held that it was not so notorious that it could be taken judicial notice of, and there must be proof of it. In setting aside the conviction His Honour added that the decision should not encourage the belief that what was done was in all the circumstances within the law.*

INCOME TAX APPEAL WELLINGTON, Nov. 20. The Court of Appeal delivered judgment- in the 1 case Louisson versus the Commissioner of Taxes. The Court held unanimously that payments made by Fairburn Wright Ltd. to appellant, while a member of. the Forces, were not made by virtue of his employment or holding any office in the company, but were a gift in the nature of a personal tribute. The appeal therefore was allowed. AUCKLAND, .Nov. 20. For stealing onions, the property of the United Nations forces, from an Auckland wharf, a watersider, Valdemar George Clauson to-day, was sentenced’ by the Magistrate (Mr Luxford) to'l4 days’ imprisonment with hard labour. The stolen onions weighed seven pounds and were valued at 3s Rd. Accused had been a member of the Waterside Workers’ ’ Union lor over 20 years, and lately his wages had averaged over £lO weekly. Besides the penalty of the Court, Clauson will be debarred under the rules of the Union from working on the wharf for at least six months “Dishonesty is becoming so rife among peonie earning good’ wages that extend leniency, even to first offenders, would be to encourage it,’ said Mr Luxford when an apprentic welder, Sidney Hugh Bishop, aged 21, receiving over £6 weekly wages, was accused of stealing a racing cycle valuer? at £l5. Sentence of six weeks’ imprisonment with hard labour was imposed, the Magistrate saying it was impossible to grant tion.