HC Deb 19 February 1908 vol 184 cc804-6
MR. WILLIAM REDMOND (Clare, E.)

I beg to ask the Under-Secretary of State for the Colonies if he can state the circumstances under which Mr. Jellicoe has refused to continue the defence of Dinizulu; and whether obstacles were placed in Mr. Jellicoe's way in preparing his defence.

THE UNDER-SECRETARY OF STATE COLONIES (Mr. CHURCHILI, Manchester, N.W.)

I have not yet received a Report from the Governor upon the retirement of Mr. Jellicoe from the defence of Dinizulu, but the Natal Ministers have asked the Governor to telegraph as follows: "The method of procedure adopted in Dinizulu's case is in strict accordance with law of this Colony; any allegations that may have been made against this Government as to the collection of evidence or of difficulties thrown in the way of the prisoner's obtaining witnesses for his defence are false."

MR. MACKARNESS (Berkshire, Newbury)

I beg to ask the Under-Secretary of State for the Colonies whether, before or in the course of his preliminary examination, Dinizulu has ever been informed who he is charged with murdering or inciting to murder, or what are the acts of treason alleged against him; and, if not, what is the law in Natal which allows vague and general charges of murder and treason to be made against a prisoner.

MR. CHURCHILL

I cannot at present add anything to the information contained in the Governor's telegram of 7th February, which I read in reply to a Question on 10th February. The Secretary of State is still in communication with the Governor on the subject, and I hope to be able to supply further information shortly. My hon. and learned friend will recollect that Ministers have stated that the method of procedure is in strict accordance with the law of the Colony.

MR. JOHN WARD (Stoke-on-Trent)

And although this has being going on since February, cannot the right hon. Gentleman yet state who this chief is charged with murdering?

MR. CHURCHILL

We have asked for the information by telegraph, but have not yet got the answer.

MR. MACKARNESS

I beg to ask the Under-Secretary of State for the Colonies by what authority or under what law of the Colony of Natal has the preliminary examination of Dinizulu been held in gaol and access been denied to the public; and whether any objection to such a course was taken by his legal adviser, and with what result.

MR. CHURCHILL

The magisterial inquiry was held at the gaol under the authority of a Governor's Proclamation, dated 6th February, 1888. Complaint was made by Mr. Jellicoe in his letter which was recently published in the Press of what he described as a secret inquisition, but the Natal Government state that the method of procedure adopted in Dinizulu's case is in strict accordance with the law of the Colony. I think my hon. and learned friend may rest assured that if there have been defects in procedure they will certainly be brought to light in the course of the defence.

MR. MACKARNESS

Can we see the proclamation?

MR. CHURCHILL

said that the trial would not be held in private, but it would take place before the Supreme Court. He would endeavour to see whether he could supply a copy of the proclamation.

MR. MACKARNESS

Has the proclamation the force of law?

MR. CHURCHILL

So I understand, but on a legal question I must ask for notice in order that I may consult the law officers.