HC Deb 22 September 1943 vol 392 cc192-3
37. Colonel Arthur Evans

asked the Secretary of State for the Colonies in what circumstances Captain Eric Strologo, of the Royal Artillery, stationed at Malta, has been sentenced to a period of hard labour by a civil court on a charge of arresting illegally a Maltese youth whom he believed to be tampering with a military truck?

Mr. Emrys-Evans

Captain Strologo was tried by a bench of the Supreme Court of Malta, consisting of the Chief Justice and two puisne judges. He was convicted under Article 85 of the Criminal Law, which reads as follows: Whosoever without a lawful order from the competent authorities, saving the ones where the law authorises private individuals to apprehend offenders, shall arrest, detain or confine any person against the will of the same or provide a place for carrying out such arrest, detention or confinement shall be punished with hard labour or with imprisonment from seven months to two years. In slight cases the Court has power to award imprisonment from one to three months or fine. Captain Strologo was in fact sentenced to 13 months' imprisonment with hard labour under Article 86, which reads as follows: The punishment of the crime contemplated in Article 85 shall be hard labour from 53 months to three years in each of the following cases. If the individual arrested, detained or confined shall have received any bodily harm, or if the detention or confinement shall be continued by the offender in the knowledge that a writ or order has been issued by the competent authority for the release or production of the person detained or confined The sentence of 13 months' imprisonment with hard labour was subsequently reduced to three months by the Governor.

Colonel Evans

In view of the fact that at the time of the alleged crime the accused was serving as an officer of His Majesty's Forces, and therefore subject to the protection of military law, why did this officer not appear before a military court?

Mr. Emrys-Evans

I do not think I had better comment any further on this point, because there is a possibility that the officer in question will appeal to His Majesty in Council.

Colonel Evans

Has it been made quite clear that if an appeal were made to the Privy Council this officer would not be called upon to pay any part of the very heavy expense involved?

Mr. Emrys-Evans

I should want notice of that Question.

Earl Winterton

Will my hon. Friend give an assurance that he has looked personally into this matter, because it is the duty of the Colonial Office to look into it?

Mr. Emrys-Evans

Yes, Sir, I can give that assurance.