ECHO OF MOUAT CASE

Southland Times, Issue 19691, 26 October 1925, Page 10

ECHO OF MOUAT CASE

CHARGES OF CONTEMPT OF COURT. WELLINGTON, October 23. Judgment was delivered by the Court of Appeal in the Mouat contempt proceedings against the Christchurch Sun and Star heard on October 16. The Court by a majority decided against the Sun and unanimously for respondent in the Star case. Sir Robert Stout, C.J., in his own judgment said it was an accurate account of what took place in Court that was published in the Star. It was laid down that a correct report of what took place in Court was privileged and here the Jury obtained no further information and the paper only reported what the Judge said. The motion against the Star should be dismissed. There is no case that goes to the length of saying that what takes place in the presence of a Jury can be contempt if published in a newspaper. It was a pity the paper should nevertheless have published what was only the antics of a witness. The motion against the Sun should also be dismissed. * Sir William Sim regretted he could not agree with Sir R. Stout in dismissing the motion against the Sun. A statement of fact may also be comment which is forbidden. The writer has done more than report the proceedings—he has indicated in his opinion that the witness, Prosser, was favourable to Mouat and might thus have influenced the Jury and a reader of commonsense would have read this into the paragraph. An older against the Sun should be made as suggested by Mr Justice Reed. He agreed that the motion against the Star should be dismissed.

Mr Justice Reed dealt with the important bearing the evidence of Mrs Prosser had in the trial. If the paragraph was simply a statement of fact it was not contempt but if it was calculated to prejudice accused it was comment. The paragraph contains the abvious comment that the witness was biassed against prisoner. An indictment would not meet the case. Counsel had expressed regret so the case would be met by payment of costs, fifteen guineas and disbursements. ’The motion against the Star would be dismissed without costs. Mr Justice Adams agreed with Mr Justice Reed and Mr Justice Ostler agreed with Sir R. Stout, GJ.