HC Deb 04 June 1875 vol 224 cc1403-4
SIR WALTEE BARTTELOT

asked the Judge Advocate General, Whether his attention has been called to the case of Gunner Jures, who was tried and convicted by a district court-martial at St. Helena in August, 1874, and sentenced to be imprisoned for 168 days for making a complaint to the inspecting officer at his annual inspection without first having made his complaint to his commanding officer; whether such sentence was confirmed, and whether such a sentence was legal or illegal, and, if illegal, what steps have been taken in the matter?

MR. STEPHEN CAVE

Yes, Sir, my attention was directed to this case when the proceedings of the court-martial arrived in due course at the Judge Advocate General's Office in September last. The sentence had been confirmed by the officer commanding the troops at St. Helena. I considered it my duty at once to quash the whole proceedings as illegal, on the ground that neither the charge nor the evidence established a military offence. I also thought it right to call the attention of the Field Marshal Commanding-in-Chief to the case. His Royal Highness concurred in the view I had taken, and expressed to the military authorities in St. Helena his extreme displeasure at the course they had pursued, on the ground that every man has a right to state his complaint to the inspecting officer, and that to punish a man under such circumstances is certain to create an impression in the Army that soldiers have no redress when they feel themselves aggrieved.