HC Deb 22 February 1921 vol 138 cc737-8
21. Major COHEN

asked the Secretary of State for War whether a court-martial in Ireland has been censured by a King's Bench judge; and, if so, whether it is proposed to take any action in the matter?

Sir L. WORTHINGTON-EVANS

My attention has been called to a statement in the Press to this effect. It is not correct. In the case of Joseph Murphy the Court of King s Bench in Dublin upon the evidence before it held that a court-martial were wrong in point of law in refusing an application made by counsel for the defence, at the trial, for the production of the proceedings of a Court of Inquiry. But so far from censuring the court-martial, the King's Bench expressly stated that they could not blame the court for following the advice given to them by the Judge Advocate at the trial on a question of law. The Judge Advocate at the trial was a civilian barrister of 18 years' standing with great experience of criminal cases both before civil courts and courts-martial.

Lieut.-Commander KENWORTHY

Is the right hon. Gentleman aware that the administration of martial law at that date in Ireland has been very gravely criticized by persons who are presumably friendly to his own Government? Is that receiving the careful attention of the Judge Advocate?

Sir L. WORTHINGTON-EVANS

I am not aware, speaking generally, that any just criticism has been brought against the administration of justice by these courts.

Lieut. - Commander KENWORTHY

Has the right hon. Gentleman heard of the court-martial on the editor and proprietors of the "Freeman's Journal," and the criticisms passed upon it there, and the action of the Government in overriding the findings?

Mr. SPEAKER

The hon. Member is raising other points.