HC Deb 19 May 1914 vol 62 cc1750-1
16. Mr. MORRELL

asked the Under-Secretary of State for India if he can give any particulars as to the civil action brought by Captain Finnie against Mr. Channing Arnold, in connection with the MacCormick case; whether this action is still proceeding; whether the costs of it are defrayed by the Government of Burma; whether the plaintiff is represented by the Government advocate; and whether, in view of the fact that Mr. Arnold has already suffered heavily, both by loss of liberty and loss of money, for the action that he took, and that the conduct of the Government has been sufficiently vindicated by the result of the appeal in the criminal case, the Secretary of State will now direct that the civil proceedings be discontinued?

Mr. C. ROBERTS

The action is for defamation, £1,000 damages and costs being claimed, and, so far as I am aware, it is still pending. The Government of Burma, in the discretion allowed them under rule, are defraying the costs, and the plaintiff is being assisted by the Government advocate. The charges against Captain Finnie have not been withdrawn by Mr. Arnold, and the Secretary of State is not prepared, on grounds personal to Mr. Arnold, or for the other reason cited, to take action which would deprive Captain Finnie of the remedy given him by law.

Mr. MORRELL

Is it not a fact that these proceedings were really started by the Government while Captain Finnie was actually away, and were not these mere civil proceedings by the Government against Mr. Arnold?

Mr. C. ROBERTS

These proceedings, I presume, were necessary in order that Captain Finnie should have the opportunity of answering the charges which have been made.

Mr. MacCALLUM SCOTT

Is it the intention of the Government when it has vindicated itself by criminal proceedings, to identify itself by financial support with similar action brought against an official in his private capacity?

Mr. C. ROBERTS

It is not brought against an official in his private capacity, but in his capacity as a servant of the Government, and the defence that Mr. Arnold chose to adopt was such at the criminal trial as not to allow Captain Finnie to clear his own character.

Mr. KING

Is there any precedent for this course of Inquiry anywhere throughout the British Empire?

Mr. C. ROBERTS

It is strictly in accordance with rule.