HC Deb 15 March 1889 vol 333 c1794
MR. A. L. BROWN (Hawick)

asked the Lord Advocate whether it was the case that, on the 24th day of October last, Peter Robertson, gamekeeper, Galashiels, was convicted by the Sheriff Substitute, at Selkirk, of an assault upon one James Brown, a convicted poacher, against whom he had himself lodged a charge of assault with the district constable; whether the Chief Constable of Selkirkshire, to whom the district constable had communicated the charge, did not transmit the same to the Procurator Fiscal of the county, who was thereby kept in ignorance of material facts; whether he will state whether the police are required to forward to the Public Prosecutor all essential information bearing upon a criminal charge undergoing investigation; and, if so, why the Chief Constable failed in his duty in this case; and whether he has declined to give Mr. Robertson's solicitor the information now asked for?

* MR. J. P. B. ROBERTSON

The statements of fact in the first part of the question are correct. The Procurator Fiscal was informed of the counter charge by the Chief Constable; and, on the information given, the Procurator Fiscal made inquiries and considered that there was no ground for such a charge. It is certainly the duty of the police to supply all essential information, and I am not aware that he failed in his duty in this case. The Secretary for Scotland has not declined to give the information now asked for. Robertson's solicitor, in reply to a request to know what the information was that influenced his decision not to interfere, was informed by the Secretary for Scotland that his judgment was formed on consideration of the case as submitted by the Solicitor himself, and after due inquiry.