20. Mr. BOTTOM LEYasked the Secretary of State for war 0n what grounds the conviction of Captain Sir Derrick Julius Wernher upon a charge of conspiracy to allow goods to be carried on Government lorries to be sold for the benefit of himself and a civilian was quashed?
§ Mr. CHURCHILLThe accused was found guilty on both of two charges which were in substance alternative, one of which alleged that he was interested in the profits of the sale of the goods which were carried, while the other contained no such allegation. The Court acquitted the accused on another charge which alleged that he had actually received certain sums in respect of the carriage of these goods. As apart from the alleged receipt of these sums there was no evidence that the accused was interested in the profits of the sale of the goods, it was considered that the conviction on that charge alone should be allowed to stand which did not allege such an interest. Before the conviction on the one charge was quashed the Attorney-General as well as the Judge Advocate-General were consulted, who both concurred in advising to the above effect.
§ Mr. BOTTOMLEYI will call attention to this matter on a future occasion.