THE “SUN” AND THE “STAR”

Wanganui Chronicle, Volume LXXXII, Issue 19437, 24 October 1925, Page 8

THE “SUN” AND THE “STAR”

ECHO OF CASE. “SUN” TO PAY COSTS. CHARGE AGAINST “STAR” DISMISSED. CHRISTCHURCH, Oct. 23. Judgment was delivered by the Court of Appeal in the Mouat contempt proceedings against the Christchurch “Sun” and “Star” helard on October 16. The Court by a majority decided against the “Sun” and unanimously for the respondent in the “Star” case. Sir Robert Stoat, Chief Justice in his own judgment, said that it was an accurate account of what took place in Court that was published in the “Star.” It was laid down that the 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 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. Mr. Justice Sim regretted he could not agree with Sir Robert Stout in dismissing the motion against the “Sun.” A statement of fact may also be comment which is forbidden. The writer had done more than report the proceedings; he had indicated in his opinion that witness Prosser was favourable to Mouat and might have influenced the jury. Any reader of commonsense would have read this into the paragraph. An order against the “Sun” should be made las suggested by 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 on the trial. Tf the paragraph was simply a statement of fact it was not contempt, but if it wins calculated to prejudice the accused it was comment. The paragraph contains obvious comment that witness was biassed against the prisoner, and indictment would not meet the case. Counsel had expressed regret so thlat the case would would be met by payment of costs, 15 guineas, and disbursements. The motion against the 11 Star” would be dismissed without costs. Mr. Justice Adams agreed with Mr. Justice Reed and Mr. Justice Ostler agreed with Sir Robert Stout.