HC Deb 09 May 1928 vol 217 cc236-8
56. Mr. GOODMAN ROBERTS

asked the Home Secretary whether his attention has been called to the allegation of Mr. Bernard Shaw that evidence in the recent case of Rex v. Browne and Kennedy had been tampered with and that false evidence had been invited by offering a reward conditionally upon the conviction of the prisoners; and, if so, what action, if any, he proposes to take in the matter?

Sir W. JOYNSON-HICKS

I have seen in the Press what purports to be a copy of a letter from the gentleman in question. It would not be right for me to comment upon the suggestions made therein concerning the evidence at the trial. An appeal is pending. As regards the offering of a reward, the reward was offered by a newspaper. It is not the practice of the Government or the Metropolitan Police to offer rewards to persons who assist in detecting the perpetrators of crimes.

Mr. ROBERTS

Has my right hon. Friend any information which he can give to the House with regard to the identity and antecedents of the person to whom Mr. Bernard Shaw addressed his letter?

Sir W. JOYNSON-HICKS

I must confess that I did not pay very much attention to the letter.

Mr. JOHNSTON

Is the right hon. Gentleman satisfied that the appeals made by or on behalf of convicted prisoners can be impartially and fairly heard if police and other records are allowed to be freely published during the time that these appeals are pending?

Sir W. JOYNSON-HICKS

The hon. Member must remember that the appeals do not go to a jury. They go to a selected panel of Judges of the High Court, generally presided over by the Lord Chief Justice, and I do not think that that Court would be in the least degree influenced by what appeared in the papers.

Mr. JOHNSTON

Is it not in accordance with the usual judicial prac- tice in this country to prohibit the publication of matter which may influence a Judge while an appeal is pending?

Sir W. JOYNSON-HICKS

Anything that might influence the trial of an action is always prohibited, but in this case I have heard no suggestion that the Judges have been or are ever likely to be influenced by any such information as that mentioned in regard to this case.

Mr. A. HOPKINSON

Arising out of the original question, who is this Mr. Bernard Shaw?

Sir W. JOYNSON-HICKS

I understand he is a writer.

Mr. MAXTON

Does the Home Secretary and his Department approve of the offering of these big rewards by newspapers which have the effect, as in this case, of bringing forward an ex-criminal to produce evidence in Court which is definitive in deciding the course of the trial?

Sir W. JOYNSON-HICKS

The view of the police and of my Department is, that rewards are not desirable in any of these criminal cases. I am quite satisfied that the police do all that is humanly possible, and generally with great success, to bring criminals to justice, and I do not think it adds to the administration of justice

that rewards of this kind should be offered. I have no power to prevent this.

Mr. BUCHANAN

In view of the fact that it will be quite possible for the Appeal Court to order a new trial, is it not possible, taking that view, for the right hon. Gentleman to prohibit the publication of any details until the Court has given its decision?

Sir W. JOYNSON-HICKS

I do not think even then I have the power. The power rests in the legal advisers of the person who is likely to be tried to apply to the Court to commit the newspaper for contempt.

Sir JOHN SIMON

Has the right hon. Gentleman got in mind that it is not possible for the Court of Criminal Appeal to order a new trial?