Bookseller Convicted (Press, 19 May 1977)

On 19 May 1977, Hamilton Magistrate Mr J. E. Millar expressed concerns about booksellers who fail to adhere to the decisions of the Indecent Publications Tribunal, stating that such negligence undermines the system meant to protect the public from the proliferation of pornographic material. This statement came during the conviction of Wayne David Thomas, a 32-year-old bookshop owner, and Joyce Davis-Goff, a 46-year-old bookshop assistant, who were charged with selling a restricted publication titled “The Pearl” in February 1976. Both defendants pleaded not guilty, but the case stemmed from an incident where Mrs Davis-Goff sold the book to Miss Patricia Bartlett, the secretary of the Society for the Protection of Community Standards, who subsequently filed a complaint with the Hamilton police. Magistrate Millar noted that while the case appeared to be a minor legal infraction for a respectable businessman, “The Pearl” was a reprint of a notorious 19th-century pornographic magazine that was well recognised within the bookselling community. He questioned the sincerity of booksellers in preventing such publications from reaching the public. The Magistrate cited the tribunal's description of the book as “avowedly pornographic” and lacking in literary merit, indicating that booksellers should have been more diligent in ensuring compliance with legal restrictions. He further questioned why Thomas did not seek orders for the sale of the book from those authorised, implying that his casual approach to selling restricted materials invited scrutiny from organisations like Bartlett's. Despite the conviction, Magistrate Millar acknowledged that Thomas's decision to stop selling “The Pearl” was commendable. He issued fines of $50 each to Thomas and Davis-Goff and directed Thomas to pay an additional $79 in witnesses’ expenses. Furthermore, he ordered the destruction of the copy of the book purchased by Miss Bartlett. This case highlighted the ongoing challenges faced by regulators in controlling the distribution of indecent materials and reinforced the critical role of booksellers in upholding community standards.

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