§ *MR. MACKARNESS (Berkshire, Newbury)I beg to ask the Under-Secretary of State for the Colonies whether it is 87 now seven months since Dinizulu was subjected to a secret examination for offences which have never been specifically made known to him; whether he has been kept in prison during the whole time and bail refused to him; whether already more than 100 witnesses have been called against him; and whether, in view of the fact that he is a British subject towards whom the Imperial Government has contracted special obligations, the Secretary of State will represent to the Natal Government the desirability of either putting him upon his trial or setting him at liberty.
§ COLONEL SEELYThe facts with regard to this examination as far as they are known to His Majesty's Government and their views on them have been fully published, and I need hardly repeat that they greatly regret the protraction of the proceedings. It is, however, only right to remember that the circumstances and position of the prisoner necessarily put special difficulties in the way of the production of native evidence. I have every reason to hope that the prolonged examination is now coming to a close.
§ *MR. MACKARNESSIs it the view of the Natal Government, although they have examined 100 witnesses, that they have not yet sufficient evidence to frame an indictment?
§ COLONEL SEELYI cannot state what the view of the Natal Government is.
§ COLONEL SEELYNo, Sir. The arrangement is that all the witnesses for the prosecution are called first at the preliminary inquiry, and no witnesses for the defence are called until the prosecution is closed.
§ MR. SWIFT MACNEILLHow many of the 100 witnesses called for the prosecution have been flogged into giving evidence against Dinizulu?
§ COLONEL SEELYI think there is no evidence that any of these 100 witnesses have been subjected to pressure of that kind.
§ MR. SWIFT MACNEILLHas the hon. Gentleman seen the statement of Miss Colenso?
§ COLONEL SEELYYes, I have seen the statement, and I have given the answer that I have given.
§ MR. PIKE PEASE (Darlington)Can the hon. Gentleman say whether the charge has been formulated yet?
§ COLONEL SEELYI regret to say that the charges are not definite, but that is due to the law under which the prosecution is undertaken. It is only fair to the Natal Government to say that this law was handed on to them by us when we gave them self-government.
§ MR. BYLES (Salford, N.)Has the prisoner had opportunities of obtaining evidence for his defence?
§ COLONEL SEELYNot yet.
§ MR. A. DEWAR (Edinburgh, S.)Is there no limit to the time the accused can be kept in prison pending trial?
§ COLONEL SEELYIn theory, there is no limit to the time during which a prisoner can be kept in confinement during the preliminary examination. But His Majesty's Government are confident that the Government of Natal will see that it would be nothing less than a, public scandal if this native chief were to be detained indefinitely in custody on undefined charges.
§ SIR GILBERT PARKER (Gravesend)On what ground does the hon. Gentleman say that no facilities have been afforded by the Government of Natal to Dinizulu for securing evidence?
§ COLONEL SEELYThe situation is this: Witnesses for the defence of Dinizulu cannot be obtained from Zululand in the view of the Natal Government—which I should be the last to criticise—so long as martial law continues. The Act of Indemnity which is necessary to conclude martial law was passed yesterday in the Natal House of Commons, and when that is assented to in this House it will be 89 possible to get witnesses for the defence from Zululand.
§ MR. BELLOCMay I ask—
§ *MR. SPEAKEROrder, order. Any further Questions must be put down.