HC Deb 17 April 1902 vol 106 cc549-50
MR. FLYNN

I beg to ask Mr. Attorney General for Ireland whether his attention has been called to the proceedings before County Court Judge Moore, at Thurles, on the 8th instant, in connection with the appeal of Mr. R. A. Corr against sentences which amounted to seven months imprisonment with hard labour; is he aware, on counsel for the accused making an application that the sentences should run concurrently and the hard labour should be removed, of the intervention by the prosecuting counsel and of the terms in which he referred to the prisoner; and whether the Law Officers in Ireland will communicate their views as to this gentleman's conduct.

MR. ATKINSON

The hon. Member is under a misapprehension. There was only one appeal before the County Court Judge. In this the Judge confirmed the conviction of three months imprisonment with hard labour. The accused, at the time of the hearing of the appeal, was in custody under a conviction for an earlier and entirely different offence for which he had been sentenced to one months imprisonment with hard labour. The prosecuting counsel, Mr. Morphy, reports to me that the observations made by him to the Court on the occasion referred to, were made in reply to the application of the prisoner's counsel that the accused should be made a firstclass misdemeanant. Mr. Morphy merely submitted that having regard to the gravity of the offence the accused should not be made a first-class misdemeanant. He adds that the report in the newspapers is inaccurate. I entirely approve of this action on the part of the prosecuting counsel.

MR. FLYNN

Arising out of the answer I should like to ask whether, the conviction having been secured before the County Court Judge, counsel had any right to interfere with and insult this unfortunate man's application.

MR. ATKINSON

My learned friend reports to me that he did not insult the man. As to his right to interfere on the application that the accused might be made a first-class misdemeanant it was not only his right but his duty to interfere and give reasons why that course should not be taken.

MR. FLYNN

Is the right hon. Gentleman aware that it was neither counsel's right nor his duty—

* MR. SPEAKER

Order, order! That is not a request for information.

MR. CREAN (Cork, S.E.)

Is the right hon. Gentleman aware that it is a common practice—

* MR. SPEAKER

Order, order!