J. S. Benning
Benning was born in Montréal, Québec and was hired by the Allied War Supplies Corporation (a Crown company) on recommendation of his brother-in-law, Harold S. Gerson.  Documents procured by Gouzenko  indicated that Benning had provided confidential documents directly to one of the members of the Soviet embassy. In accusing Benning of violating the OSA, the commission depended a great deal on section 3 (2) of the OSA that allowed for someone to be found guilty based on their known character; in this case, Benning's political (communist) beliefs. Another section of the OSA stated that the burden of proof was to be placed on the accused. Both sections came under heavy criticism by the appellate court and Benning, who was found guilty at trial had his sentence dismissed on appeal.  At his appeal hearing, the judge argued that the state, in passing the OSA, never intended the full burden of proof to be placed on the accused and the Crown needed more direct evidence to sustain a conspiracy charge.  
 

 

JS Benning
  
           
     
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