HC Deb 26 July 1949 vol 467 cc2227-8
13. Mr. Stokes

asked the Secretary of State for War whether he is satisfied that all the documents from America required for the Manstein trial have now been delivered to counsel for the defence; and whether he has any further statement to make regarding the provision of adequate British defending counsel.

Mr. Shinwell

All the documents originally requested by the German defence counsel on 10th June have been available for their inspection at Hamburg since 19th July, with the exception of three German orders which could not be identified from the information furnished. Further details have now been supplied by the German counsel, and a further search for the orders is being made in the United States of America. Further requests from the German counsel for additional documents have, however, recently been received and, if they are available, no time will be lost in producing them for inspection. The answer to the last part of the Question is "No."

Mr. Stokes

Is my right hon. Friend satisfied that these documents, wherever they may be, will be available in time, and to allow counsel the three weeks for consideration for which they asked in the first place? With regard to the second part of the Question, is it not rather shaming that a private fund has had to be started to provide British counsel, as, whatever may be the view of the Lord Chancellor about the competence of the German lawyers concerned, the German lawyers themselves have declared themselves totally incompetent to defend the prisoner at this tribunal?

Mr. Shinwell

With regard to the provision of such documents as are available, no obstacle will be placed in the path of defending counsel; and, indeed, we have done everything possible to assist them. As regards the fund being raised by private persons, I make no comment, except to say that we intend to bring this man to trial in the interests of justice.

Mr. Stokes

Could my right hon. Friend answer the last part of my Question? Is he aware that, while the Lord Chancellor has declared that these German lawyers are competent to deal with the case, the German lawyers themselves have declared themselves to be totally incompetent; and does he consider that that is satisfactory?

Mr. Shinwell

If I have to choose between the opinion of the Lord Chancellor and the opinion of German counsel I prefer the opinion of the Lord Chancellor.

Mr. Stokes

Then the right hon. Gentleman is wrong.

Colonel Gomme-Duncan

Surely the right hon. Gentleman would not expect a lawyer to defend any officer, British or German, if the lawyer says he is not competent to defend him?

Mr. Shinwell

I must say that it is very unusual for a lawyer to say that he is incompetent to defend a man.

Colonel Gomme-Duncan

Well, he has said so.