§ Mr. BOTTOMLEYI desire to ask the Attorney-General a question, of which I 2009 have given him private notice. It is whether he has received from the legal advisers of the man Stinie Morrison, now under sentence of death for the Clapham murder, a request to grant the necessary certificate to enable him to appeal to the House of Lords, and whether he has declined to grant a certificate; and, if so, whether he has any objection to state the reasons?
§ The ATTORNEY-GENERAL (Sir Rufus Isaacs)Such an application was made to me by Morrison's solicitor, supported by arguments of his counsel. I have already communicated my decision refusing the certificate. Before the Attorney-General grants the certificate he must be satisfied that the decision of the Court of Criminal Appeal involves a point of law of exceptional public importance, and that it is desirable in the public interest that a further appeal should be brought (Section 1 (6) of Criminal Appeal Act, 1907). This is the only ground which the Statute permits the Attorney-General to take into consideration. No such point of law was involved in the decision in question, and it was therefore my duty to refuse a certificate.
§ Mr. BOTTOMLEYDoes the hon. and learned Gentleman not think that, having regard to the somewhat remarkable character of the evidence in this case, he might strain the technical point, as he is the sole authority, in favour of giving the man the right of appeal?
§ Sir RUFUS ISAACSIt is quite impossible for me to do that, because I should be taking upon myself the functions of Parliament.