LIBEL CHARGE

Hokitika Guardian, 30 May 1935, Page 6

LIBEL CHARGE

CLAIM BY POLICE COMMISSIONER

AGAINST EDITOR OF NEWSPAPER

(Per Press Association, Copyrigfic). WELLINGTON. 'Mr.v 50. , • A start was made tins morning' with hearing the prosecution brought by tht* Commissioner of Police, Mr Wohlmani) of , alleged defamatory , libel against 'Albert Edward Robinson, oi Auckland, editor of “Farming First.” Leave to prosecute was granted Mr "Wohlinann last month, arising from an article relating to a police raid at To Aroha, which appeared in “Farming First on March 15. There are four charges to all of "'lnch Robinson pleaded not guilty. 'Mr Stillwell, S.M., is on the bench. Mr C- A. L. Treadwell, with him Mr H. .1. Y. James, is appearing for the. ’Commissioner, and Mr A. C. A. Sexton, of Auckland, with him, Air R. H. Boys, for Robinson.

The article complained of was headed,—“One law for administrators, and another for the people."

Particular exception was taken to the following words appearing in the article: —(a) “The men caught at To Aroha were not poor men, they were owners of racehorses, and members of Racing Clubs etc. A Minister of the Clown was in the room hence the decision of the Commissioner of Police not to prosecute. We have no boubt whatever, and’’...(b)..."but no laws worth keeping will eevr be passed while [Ministers of Crown assist in breaking them, and are.shielded in doing so by the machinery of justice.” Opening the case for the prosecution, Mr Treadwell read the article, and said prominence had been given the statement- that a Minister of the Crown was in the room when the raid took place. That statement appeared in black type. Then there was this ; “Is there Or is there not one law for the rich, and one fur, the poor in New Zealand ?”

Counsel said he thought tile inevitable conclusion to be drawn from the article was that some Minister of the Crown, or Ministers, broke the law and were shielded by the Commissioner of Police, whose duty it was, as the machinery .of justice, to see that justice was done, bv, a prosecution. iMr Treadwell went on to say that a somewhat, '.bold and . belated document was served at. his office late yesterday, in which the defendant pleaded in the first place, if publication were proved, publication of the matter alleged was for the public benefit, in that it dealt with the due administratin', of just-

ice, which was of the utmost -importance to all members of the public.

Secondly if publication were proved, .and the words, “a Minister of the Crown was in the room” were not true, it contained no lifel agM nst the Commissioner of Police. Next it set out that, if publication were proved, then in so far as the remaining words were deemed- 1 0 be defamatory matter, some were true in substance and. fact and justified in the sense which the alleged defamatory matter bore, without specification in the information-

The last paragraph was that if publication were proved, then in so- far as the alleged defamatory matter consisted of an opinion, they were fair comments, made in good faith and without malice upon matters which were -of public interest and for the public benefit.