Ostler And Comrade To Work It Out

Northern Advocate, 3 April 1941, Page 6

Ostler And Comrade To Work It Out

[Per Press Association. - Coptjrighti WELLINGTON, This Day.

The Appeal Court this morning delivered judgment in the appeal ol Harold Alexander Ostler and Travers Burnell Christopher Christie. The court unanimously approved their convictions, and dismissed theii appeals against their sentences. The appeals were from the conviction recorded against Ostler and Christie at Christchurch on February 13, of attempting to. publish a subversive statement, and the sentence of 12 months’ imprisonment with hard labour imposed by Mr. Justice Northcroft on each of them. The court consisted of the Chief Justice (Sir Michael Myers). Mr. Justice Smith, Mr. Justice Johnston and Mr. Justice Fair. Mr. C. H. Taylor, the Crown Solicitor, appeared for the Crown, and the prisoners appeared for themselves.

In view of the dismissal of the appeals the sentence of imprisonment with hard labour for 12 months in each case stands. “Attempt” Established

Sir Michael Myers, in an extensive judgment, said prisoners’ objections to the count on which they had been convicted, arising out of failure to obtain the Attorney-Generals consent to that count had failed. In so far as that count was confirmed, by reason of section 394 of the Crimes Act, which provides that where complete commission of any crime charged is not proved, but the evidence establishes an attempt to commit a crime, an accused may be convicted of such an attempt and punished accordingly, and the jury was entitled to convict prisoners of “attempting to publish a subversive statement,” on the count of “publishing a subversive statement." to which the Attorney-General’s consent had, in fact, been obtained. Sentences Far From Excessive

“As to the appeals against the sentences,” said Sir Michael, "having regard to the serious nature of the subversive statements contained in the publication—“ The People's Voice”— 1 do not think that any case has been made out for a revision."

Mr Justice Fair and Mr Justice Johnson agreed that the prisoners appeals against the validity of their convictions had failed. On the question of their sentence, Mr Justice Fair said: “With the regard to the appeal against their sentences, I agree that for pei’sons who are doing their utmost to impede the national war effort by widespread propaganda of a virulent type, urging that we should not fight for liberty, but engage in internal dissession, the sentences were far from excessive.”