SUBVERSION CASE

New Zealand Herald, Volume 79, Issue 24274, 15 May 1942, Page 4

SUBVERSION CASE

TWO YEABS IN PBISON

CHIF JUSTICE'S COMMENT (P-A.) WELLINGTON, Thursday A printer, Michael Young, aged 25, came up for sentence before the Chief Justice, Sir Michael Myers, to-day, on charges of subversion. The sentence imposed was 12 months' imprisonment with hard labour on the second count of the indictment, and 12 months' hard labour on each of the three other counts, these latter to be concurrent, with one,another and cumulative on the first. "This is, I think, the worst case of subversive activity of all those that have come before me," said His Honor when sentencing Young. There were four separate statements, each of which reeked of subversion, he continued. "Disciple of Laval" "Probably the worst is one under the title, 'Find the Traitor,' in which you charge the British Government with a deliberate betrayal of the French and with leaving them in the lurch. That is the very language that Laval is reported to be using for the purpose of inciting the French people against the British. "You have yourself said, when asked if you had anything to say why sentence should not be passed upon! you, that what you have done you did deliberately. You cannot therefore complain if you are classed by your fellow citizens as a disciple of Laval, and if all the implications of that classification are attributed to you. You may or may not be a conscientious objector—l emphasise the word 'conscientious,' — but I should think that a really conscientious objector would at least avoid fouling his own nest for, as the saying goes, it is an ill bird that does that; Maximum Punishment "Your appropriate punishment, in my opinion, would be incarceration for the duration of the war and deprivation of civil rights for a. lengthy period, for it is paradoxical to my mind that a person who not only refuses to help his country and the men who are fighting to save its freedom, but actually does his best to injure it and them, should have the right by his vote to take part in the ordering of the lives of those men on their return to the Dominion; but the law as it stands does not permit of that punishment being imposed. "The maximum punishment for your offence, under the emergency regulations, is 12 months' imprisonment, but you have been found guilty of more than one offence and may be punished accordingly."

JURY DISAGREES

A CHRISTIAN PACIFIST STATEMENTS IN DOCUMENT (P.A.) WELLINGTON. Thursday A Supreme Court jury failed to agree on a verdict in the case in which Archibald Charles Barrington, honorary secretary of the Christian Pacifist Society, was charged with publishing a subversive statement, and alternatively with attempting to publish a subversive statement. Accused was released on bail. " The :charges related to the' publication of a typewritten and cydto-styled document headed: "N.2.C.P.5., W 38," dated March 10 last, which the prosecution contended contained several subversive statements. Accused addressed the jury for two hours and three-quarters, claiming that the articles in the society's bulletin contained nothing which could be held to disrupt civilian morale. As secretary of the society he accepted responsibility for everything it did, but he contended that he had no part in the publication of bulletin 38, which was a publication confined to members of the society. The Chief Justice, Sir Michael My era, said accused had said in effect that, war or no war, he claimed the right to express and publish his views, and the views of the Christian Pacifist Society. Any man who took that view was certain to fall foul of the law sooner or later. There was ample evidence against the accused of publication and also of subversions. : His Honor fixed Monday next as the date for a second trial.

GAOL FOR DESERTERS

THREE ARMY OFFENDERS

(P.A.) WELLINGTON. Thursday Sentence of 12 months' imprisonment with hard labour has been promulgated in the case of Gunner Clifford. Raymond Coles, who was found guilty by district court martial of desertion. He was absent without leave for 245 days, and spent all the time in Auckland. Private Tony Lunjevich, found guilty, of desertion, was sentenced to 60 days' imprisonment with hard labour.* He was absent from January 18 to April 2, when he was arrested by civil police at Auckland when he was in plain clothes. Accused said there ijad been delay in the payment of allotment to his wife, who had been ill, and he want to Auckland, where he decided to take up civilian employment to get money to assist her. After 18 days payment of £32 arrived and allotments thereafter continued to arrive. The prosecutor said accused's wife was financially all right after 18 days, but accused stayed a further 80 or 90 days. Private Claude Paul was found guilty of desertion from February 24 to April 2, and was sentenced to 67 days' imprisonment with hard labour. The prosecutor said the accused had been arrested in Auckland. Accused's statement was to the effect that after four days' special leave he was fed up and decided to have a good holiday. TAXI-DRIVER'S ORDEAL DROVE WITH BROKEN ARM In an unusual accident on the HowickEllerslio highway yesterday, a compound fracture-of the right elbow was suffered hv Mr. William Horace Cotton, aged 38, taxi-driver, of 23A Benfield Avenue. Mount Albert. He was driving toward Auckland and when passing a motor-lorry travelling in the opposite direction his elbow, which was projecting from the door, was struck by an overhanging portion of the lorry. His arm was badly gashed and in spite of this and the pain he drove to the Auckland Hospital, where he received treatment. HOUSES FOR SERVICEMEN (P.A.) WELLINGTON, Thursday The Returned Services' Association has been advised by the Minister of Housing, the Hon. H. T. Armstrong, that the 25 per cent preference for State houses in favour of servicemen includes men retimed from overseas for home defence or military duties, widows of servicemen, and wives of prisoners of war. The association has decided to ask for increasing preference for servicemen until it reaches 100 per cent after the war, and also that those serving in New Zealand be included as the preferential treatment grows.