JUDGE ON JUSTICE

Poverty Bay Herald, Volume LXIII, Issue 18991, 16 April 1936, Page 14

JUDGE ON JUSTICE

"NO CLOISTERED VIRTUE" LIBERTY TO THE PRESS RIGHT TO CRITICISE LONDON, March 4. A West Indian editor, Andre Paul Anvbard, yesterday won his appeal to the Judicial Committee of the Privy Council against a conviction for contempt* of court, The right to criticise the administration of justice was upheld. Ambnrd had been fined £25, in default a month's imprisonment, by the Supreme ■ Court of. Trinidad and Tobago for comment in his paper, the Port of Spain Gazette, on "The Inequality ' of Sentences" and "The Humari'-Elementin Awarding Punishment." He had revised an article written by someone else'on "The Human Element." The appeal was heard by Lord Atkin, Lord Maugham, and Sir Sidney llowlatt. *

It had been held by the Supreme Court that the article was written "with the direct object of .bringing the administration of the. criminal law by the judges into disfavour witli the public." '.' .' '."';'/'. Lord Atkin said that.their lordships could find no evidence That the-article was written with that direct object, or that it could have that effect. The editor compared two sentences at the local sessions in charges of intent to murder.

"NO WRONG.IS COMMITTED'* Lord Atkin went on: "Whether the authority and position of an individual judge, or the due administration of justice, is concerned, no wrong is committed by any member of the public who exercises the ordinary right, of criticising in, good faith —in private or public—the public act" done in the seat of justice. "Provided that members o'f the public abstain from imputing improper motives to those taking part in the administration of justice, and are genuinely exercising a right of criticism, and not acting in malice or attempting to impair the administration of justice, they are immune. "Justice is not a cloistered virtue; she must" be allowed to suffer the scrutiny and respectful —even though, outspoken comments of ordinary men.

"It is unnecessary to discuss whether his criticism of the sentences was well founded. It is very, seldom that the observer has the means of ascertaining all the circumstances which, weigh with an experienced judge in awarding sentence. "Sentences are unequal because the conditions in which offences are com l mitted are unequal. '"The writer is, however, perfectly justified, in pointing out what is obvious;, that sentences do vary in apparently similar' circumstances with, the habit of mind of the particular judge. It is quite inevitable. "If to say that the human element enters into the awarding of punishment be contempt of court, it is to bo feared that few in or out of the profession would, escape." _,,:. "LESS THAN JUSTICE "It appears to their lordships that the writer receives less than justice from the Supreme Court in having untruths imputed to him as a ground for finding the article to be in .contempt of court."

Lord Atkin added: "Their lordships have discussed this case at some length •because, in one aspect, it concerns the liberty of the press. They have come to the conclusion that there is no evidence upon ■which the court could find that the appellant has exceeded the right to criticise considerately and fairly." : ' The appeal by the editor was allowed and the order appealed from set aside. The Attorney-General of Trinidad and Tobago, as respondent to the appeal, was ordered to pay the costs here and in the court below.