§ MR. H. C. LEA (St. Pancras, E.)To ask the Lord Advocate whether he has received a request from Messrs. J. and 712 P. Coats, Limited, Paisley, to prosecute a firm of coal factors for a gross case of fraud, which latter could not have been perpetrated unless it had been connived at by the colliery who supplied the coal, who, to bolster up the fraud, issued a false certificate as to the quality; whether, accompanying that request to prosecute, there was documentary evidence of the clearest character to insure a conviction; and, if so, why a prosecution was not instituted by the Public Prosecutor.
(Answered by Mr. Thomas Shaw.) I do not think it would be either in the public interest or fair to the parties concerned to canvass the narrative given in the Question. I must not, however, be held as acquiescing in it as accurate. But upon the specific point put whether the documentary evidence was such as to insure a criminal conviction I have to inform the hon. Member that I personally and carefully considered the documents and available evidence in this case and came to hold the opinion, confirming that of the Solicitor-General for Scotland, that these were not such as would secure a criminal conviction of the persons against whom Messrs. Coats made this charge of fraud. This being so, it would have been improper for me to order proceedings. It is open to Messrs. Coats to institute a civil action of damages in respect of the matter complained of, but this, for some reason, they delay or decline to do.