HC Deb 01 March 1889 vol 333 cc709-10
MR. H. H. FOWLER (Wolverhampton, E.)

asked the Under Secretary of State for the Colonies whether the Chief Justice of the Bahamas can legally sentence any person to be flogged for contempt of Court; and, if so, under what Statute or authority has the power to pass such a sentence been conferred?

BARON H. DE WORMS

There is no local Statute authorizing such a sentence; and the Colonial Law Officer is of opinion that, in inflicting it, the Chief Justice exceeded the summary powers of punishment vested in him.

MR. H. H. FOWLER

What course does the Secretary of State for the Colonies propose to take with respect to the Chief Justice of the Bahamas, who has illegally caused a subject of the Queen to receive 36 lashes? What remedy would he afford an Englishman under such circumstances, in order to recover damages?

BARON H. DE WORMS

The Secretary of State, on hearing the details, sent a letter to the Chief Justice informing him that the most serious consequences would ensue if any breach of the law were committed.

MR. H. H. FOWLER

I do not want to know what would happen to the Judge if he repeated his offence. What would happen to him for the illegal act which he has already committed?

MR. PICKERSGILL

IS it a fact that the victim in this case was a black man, and that that is the ground for the absence of effective action against the Chief Justice?

BARON H. DE WORMS

I do not think it was a question of colour. The offence committed was of a very serious nature. It consisted of a murderous attack upon the Judge in Court.

MR. PICKERSGILL

On an early day I will put a Question to the Attorney General on the subject.

THE ATTORNEY GENERAL (Sir R. E. WEBSTER, Q.C.,) Isle of Wight

As I have been appealed to, I will at once state that, although there are old authorities which say corporal punishment might be inflicted in gross cases of contempt of Court, I do not think those authorities should be binding in Courts in which English law prevails. In my opinion, the Chief Justice acted illegally and in a way that was not justified by law. It appears, however, from the papers, that a murderous attack had been made upon the Judge by this particular man. The Attorney General of the Colony said the offence was so serious that it had been intended to indict the man for felony—that is, for the attack upon the Judge.