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[ COURT REPORTS I
QC accused of 'political
speech' in case
SYDNEY, Wednesday
— Mr C. R. Evatt,
QC, today accused Mr
T. E. F. Hughes, QC,
of trying to turn a
defamation action into a
"political speech".
The two Queen's Counsel
clashed over a reference by
Mr Hughes to the "faceless
I men" incident in Canberra in
1961.
I Mr Evatt is appearing for
Mr John Bernard Mundey,
President of the Communist
Party of Australia, who seeks
damages for alleged defamation
from the Premier of
NSW, Sir Robert Askin.
The hearing in the
Supremo Court before Mr
Justice Taylor and a 12-man
jury is in its third day,
Mr Mundey alleges that
Sir Robert defamed him at a
Liberal Party election meeting
in Sydney Town Hall on
November 15, 1972.
At the time Mr Mundey
was State secretary of the
Builders Labourers Federation,
of which lie is now
treasurer.
Mr Neal Swancott, journalist,
now of The Australian
Financial Review, was at the
time of the alleged defamation
employed by The Australian
newspaper, for which he
covered the meeting.
Both Sir Robert and Mr
Mundey were in court today.
Mr Swancott was asked by
Mr Hughes in cross-examination
if he agreed that for
many years there had been
public debate on whether
there was outside control of
the ALP.
Mr Swancott replied,
"Well I don't think you could
say debate, because it is a
proposition that doesn't really
engago serious consideration
by me".
Mr Evatt said the question
raised prejudice and even if
it were ruled out, it was highly
prejudicial to his client because
some people might
think there was a smattering
of truth in it.
Mr Hughes again asked
"Does your memory take you
back to 1961 when the story
of the faceless men grew up,
following publicity being
given to Mr Calwell and Mr
Whitlam waiting outside a
hotel while the party executive
met?"
Mr Evatt immediately objected
saying to the judge,
"Are you going to allow this
to bo turned into a political
speech?"
Mr Justice Taylor allowed
the question and Mr Swan\x=req-\
cott then replied, "In 1961 I
was in first year at _ high
school. I was not taking a
great interest. In fact, I don't
think 1 was taking any interest".
The hearing will continue
tomorrow.
Bond on drink-drive count
Mr Anthony John Large,
29, bar manager, of
Donald Road, Quean\x=req-\
beyan, was sentenced to
three months' jail to be
suspended on his entering
a S200 two-year good\x=req-\
behaviour bond when he
pleaded guilty before Mi
Dobson, SM, in Canberra
Petty Sessions, yesterday to
two driving charges.
Ho pleaded guilty to having
driven when suspended
and having driven with more
than the prescribed concentration
o£ alcohol in his
blood in Jerrabomberra Avenue,
on July 31.
Mr Dobson fined Mr
Large $300 and cancelled his
driver's licence on the drink\x=req-\
drivo charge, and fined him
$300 and recancelled his
licence on the charge of having
driven when suspended.
Breathalyzer reading 0.190
per cent.
Mr Nigel Rory Kirk, 20,
clerk, of Macquarie Hostel,
Barton, was fined $220 and
his licence was suspended for
six months when ho pleaded
guilty before Mr Dobson to
having driven with more than
the prescribed concentration
! of alcohol in his blood in
Captain Cook Crescent on
j August 9. Breathalyzer reading
0.210 per cent.
Language
draws fine
Mr Ernest Lojos Balopli,
22, panelbeatcr, of Parker
Street, Curtin, was fined $100
when he pleaded guilty before
Mr Darner, SM, to using
obscene language over a
telephone on July 30.
Mr Dainer also recommended
that the PMG disconnect
Mr Balogh's telephone.
Sergeant W. Bcale said
that two young girls in a flat
in Macquarie had received
several obscene telephone
calls and had complained to
the police.
The PMG had traced two
phone calls, one to Mr Ba\x=req-\
logh's homo and one to the
place where he worked.
Sergeant Beale said that
Mr Balogh had admitted the
incident.
25 charged over
ANU incident
Twenty-five people,- 12
women and 13 men.
appeared before Mr Dobson
yesterday charged with having
without reasonable excuse
refused to leave Commonwealth
premises, the private
automatic branch exchange
room of the Australian
National University, on
August 8 when directed to by
a member of the police force,
Inspector lan Collings
Broomby.
All the women declined
Mr Dobson's offer of a
closed court.
All the people charged
were remanded to appear in
Canberra Petty Sessions on
September 10, each on $30
bail.
No pleas were entered.
Remanded
Mr John Joseph Chaloup\x=req-\
ka, 27, salesman, of Gardi\x=req-\
ner Street, Downer, was remanded
to September 24 on
$200 bail when he appeared
before Mr Dobson on a
charge of having indecently
assaulted a woman on July
23. No plea was entered.
Tax case
against
Barton
SYDNEV, Wednesday.
— The Deputy Commissioner
of Taxation proceeded
today with his petition
to have Mr Thomas
Harton, son of financier
Mr Alexander Barton,
made bankrupt.
Mr Justice Sweeney is
hearing the case in the Sydney
Bankruptcy Court.
The Deputy Commissioner
alleges that Mr Harton, ai
company director, owes
$77,392 for 1972 income tax.|
Mr R. S. Watson, QC, for
the Deputy Commissioner
said it was alleged that
Mr Thomas Barton had committed
an act of bankruptcy
by having left Australia in f
April, 1973, and had remain-1
cd out of Australia with in-,
tent to defeat or delay his
creditors.
The hearing will continue
tomorrow. I
$