MR. HERBERT (Buckinghamshire, Wycombe)I beg to ask the Undersecretary of State for the Colonies whether any evidence obtained at the preliminary examination of Dinizulu can be used against him at his trial; and whether having regard to the acknowledged obligations of His Majesty's Government to see that he has a fair trial, His Majesty's Government propose to allow him to be brought to trial in which evidence can be used against him, obtained upon charges so vague that he cannot defend himself against them, in a fishing inquiry.
§ MR. CHURCHILLThe English law of evidence has been applied to Natal by local legislation and the Secretary of State has no reason to suppose that the Judges of the Supreme Court will allow Dinizulu's trial to proceed on inadmissible evidence. I may add that Lord Elgin has received the following telegram upon this subject from the Governor of Natal: No arrangements have 1304 been made for the trial of Dinizulu. No date has been or can be fixed pending conclusion of the preliminary examination. After the Crown has led its evidence at the preliminary examination the defence can at that inquiry lead evidence on behalf of the prisoner. An intimation has, I understand, been given by Dinizulu's counsel that he will require some weeks to obtain evidence when the Crown's leading of evidence is completed. Any such request by an accused person is always acceded to. Local counsel has been engaged to defend Dinizulu and Mr. Jellicoe an English barrister has officially informed His Excellency that he came to Natal with the concurrence of the Colonial Office to defend the prisoner. The utmost access has all along been given his counsel to the prisoner. Mr. Jellicoe before he was admitted to the bar here was allowed to see the prisoner to confer and act as counsel. It is impossible to say when the decision of the magistrate who is conducting the examination may be expected. If committed the trial of the prisoner will follow without any undue delay unless the Attorney-General in the exercise of his discretion thinks it desirable to remit the case (after perusal of the preparatory examinations close) to the magistrate for further investigation: or unless the Attorney-General directs that the prisoner be liberated forthwith. The Government have been informed that the friends of the prisoner have ample funds to apply to the prisoner's defence, but on this point in view of what has been suggested from other quarters it is not possible to reply to this question with any certainty.