§ DR. MACGREGOR (Inverness-shire)I beg to ask the Lord Advocate if he is aware that, as stated in an Inverness newspaper last week, on a recent Sunday evening an attack was made upon the village herd, who is deaf, in Kingussie, by a resident holding a most prominent position; as the assault was to the effusion of blood the case was reported to the police authorities who were to take action; witnesses were found and summoned to appear at Inverness on Wednesday last, but somehow or other the case seems to have been quashed; and whether he can explain why the criminal escaped punishment in this case, while the cottars of Besneray are suffering two months' imprisonment for an assault which was not to the effusion of blood?
§ THE LORD ADVOCATE (Mr. J. B. BALFOUR, Clackmannan, &c.)The assault to which the question of my hon. Friend refers consisted in a slight cut inflicted by an umbrella. The information was lodged by the brother of the person struck, and the Fiscal on receipt of the complaint ordered a prosecution, the trial being fixed for the 26th ultimo. On the 22nd the Fiscal received a letter from the brother stating—
That I wish to withdraw, as I hereby do withdraw, the charge, and I hope you will not take further proceedings in the matter.In these circumstances, I think the Fiscal was quite justified in withdrawing, especially as the person struck made no charge. My right hon. Friend the Secretary for Scotland has already described the serious nature of the offence committed by the cottars of Besneray, and I do not refer to it again.
§ DR. MACGREGORDo I understand that the Public Prosecutor may exercise his discretion as to the withdrawal of cases of this kind?
§ MR. J. B. BALFOURYes, I hope so, within reasonable limits.
§ DR. MACGREGORIn that case we may anticipate class legislation.
§ MR. SPEAKEROrder, order!