Not an Offence

Mt Benger Mail, 12 June 1935, Page 2

Not an Offence

CHARGE UNDE II ELECTORAL ACT DISMISSED. Wellington, May 31. Charles Proctor and Frederick Janies Whelan pleaded not guilty to a charge that during the hours in which the municipal polls were taking place, they made a public demonstration by means of megaphones installed in a car, by which the announcement, “Vote Hislop as Mayor,” was made. The charge was laid under the Local Elections and Polls Act, which forbids demonstrations concerning the poll by living figures, effigies, paint ings, placards or other means. Counsel successfully pleaded that the defendants had not made a public demonstration because the car was moving all the time and crowds could not collect about it. It was also submitted that a megaphone did not come within the section and further that the windows were covered over so that Proctor could not be seen. He also submitted that Whelan, the driver, could not b, joined. The Magistrate said that Whelan might be charged with aiding and abetting. It seemed clear he could not convict. The section would have to be amended if the legislature meant demonstrations such as this. The charges were dismissed.