§ MR. MACKARNESS (Berkshire, Newbury)I beg to ask the Under-Secretary of State for the Colonies whether he can now state if Dinizulu has been informed of the definite charges on which he is to be tried; and will he state what those charges are.
§ MR. CHURCHILLAs I informed my hon. friend on the 10th instant, Dinizulu has been arrested upon warrants charging him with: (1) High treason;(2) contravening the provisions of Section 44 of Act No. 1 of 1906, known as the Firearms and Ammunition Act of 1905; (3) Sedition and rebellion; (4) (a) Murder; (b) being an accessory to the crime of murder; (c) conspiracy to murder; (d) inciting to murder. So far as I am aware, these general charges have not been amplified by any specific facts as to whom he is accused of inciting to murder, or who was the person murdered, or when the incitement was given or in what the acts of treason, sedition and rebellion, etc., consist. The Secretary of State is informed by the Natal Government that this procedure, which seems scarcely immune from criticism, is in full accordance with the laws of the Colony of Natal during the stage of preliminary examination against an accused person. If, however, the examining magistrate decides that a prima facie case exists for the committal of Dinizulu 674 for trial a full indictment will have to be framed in accordance with the usual practice of courts of justice.
§ MR. JOHN WARD (Stoke-on-Trent)Are we to understand that the law of Natal allows a charge of murder, even against a white man, to be instituted and pressed without identification being made of the person who is supposed to have been murdered, or does that principle of law apply only to the native population?
§ MR. CHURCHILLI understand that the special law in this matter rests upon various proclamations which have been issued from time to time by the Governor in Council, or upon advice, and which have the effect of law. These proclamations do not discriminate between different races, but they do permit a preliminary examination to take place without precise definition of the charge.
§ MR. WILLIAM REDMONDCan the right hon. Gentleman cite a single case in which a white man has been treated in the same way as Dinizulu?
§ MR. CHURCHILLI cannot cite it now, but I should not like to say there were not cases.
§ MR. WILLIAM REDMONDI should think not.
§ MR. MACKARNESSCan the right hon. Gentleman tell the House how a prisoner is to meet the charges, if he is not told what they are?
§ MR. CHURCHILLI am afraid I must ask for notice of a Question of that kind.
§ MR. LEHMANN (Leicestershire, Market Harborough)I beg to ask the Under-Secretary of State for the Colonies whether he can state what arrangements have been made and what date has been fixed for Dinizulu's trial; have counsel been appointed to defend him; and have they had free access to him for the purpose of preparing his defence.
§ MR. CHURCHILLDinizulu has not yet been committed for trial. With regard to his defence, I am not at present 675 in a position to add anything to the full reply on the subject which I give yesterday to my right hon. friend the Member for the Rushcliffe Division.