GUILTY OF SEDITION

Otago Daily Times, Issue 27112, 21 June 1949, Page 5

GUILTY OF SEDITION

AUSTRALIAN ' COMMUNIST PARTY SECRETARY

SENTENCE IS DEFERRED Rec. 0.15 a.m. SYDNEY, June 20. --Lawrence Louis Sharkey, general "secretary of the Australian Communist Party, was found guilty by a jury in the Central Criminal' Court to-day on a charge of uttering seditious words. At • the ‘ request of his counsel, Mrj F. W. Paterson, Mr Justice Dwyer deferred sentence pending a decision by the High Court on a Queensland c&se in which submission had been made that sections of the Grimes Act under which. Sharkey was prosecuted are ultra vires. Sharkey was granted bail in his own recognisance of £IOOO and one surety of £IOOO. Sharkey pleaded not guilty to the charge of uttering seditious words, including the following: “ If Soviet forces in pursuit 6f aggressors enter Aus-' tralia, Australian workers would welcome them. The object of the Communists is to struggle to prevent war and to educate the masses against the idea of war. The Communist Party also wants to bring the working class to power, and if Fascists in Australia use force to prevent the workers gaining that power, the Communists will advise the workers to meet force with force.

“An invasion of Australia by forces of the Soviet Union seems very remote and hypothetical. I believe the Soviet Union will go to war only if she is attacked. I cannot see Australia being invaded by Soviet troops.:' “This is not a political prosecution, and not a the prosecution of a Communist,” said Mr W. R, Dovey, for the Crown. The accused is a civilian who owes allegiance to the King, as we do. and has the same rights and obligations under the law as we have.” Mr Dovey added that the only issue was whether the words allegedly used by Sharkey were expressive of any seditious intention.

After Sharkey's counsel had unsuccessfully argued that tnere was no case to answer, it was announced that Sharkey 'would not give evidence. Counsel told the jury: “ Sharkey hds not given evidence because the opus is on the Crown to satisfy you beyond reasonable doubt of the guilt of the accused; not for -thfe accused to prove his innocence.” . <

Counsel asked: “Would pot Austria- ■■ lian workers welcome Soviet forces. United States forces, or any other forces that would resist any aggressor to Australia? Simply because Sharkey said Soviet forces does not make, it seditious. The Soviet is still our ally.”