§ 57. Colonel WEDGWOODasked the Secretary of State for the Colonies whether the appeal in the Stavsky case is to be to an English court or to an English judge; and whether the report of the case will be looked through at the Colonial Office by the legal department?
§ Sir P. CUNLIFFE-LISTERThe Court of Criminal Appeal in Palestine is normally composed of three judges (the presiding member being a British judge) who are selected from the establishment of the Supreme Court. The Supreme Court is composed of a British Chief Justice, one other British judge, and four Palestinian judges. As regards the second part of the question, when the report of the case is received it will certainly be looked through by my legal advisers, but the right hon. and gallant Member will understand that this will not be for the purpose of reviewing the decision of the court, which I have not the power to do.
§ Colonel WEDGWOODAre we to understand from that that there is no possible appeal to this country in this case, and does the right hon. Gentleman remember the cases of Fransesco Ferrer or Sacco and Vanzetti, and will he see that England shall not risk being found guilty of judicial murder?
§ Sir P. CUNLIFFE-LISTERI think that the whole House would deprecate the reflection which the right hon. and gallant Gentleman has sought to cast upon British justice. On the constitutional issue he has raised, it has always been the practice in all Colonies, and it is laid down in the Order-in-Council that in the last resort—and I do not in the least wish to prejudge the findings of the Court of Criminal Appeal—the discretion as to the exercise of the prerogative of mercy rests with the High Commissioner.
§ Colonel WEDGWOODI was not reflecting on British justice, but hoping to get British justice. The point of my question is, will there be an appeal to a British court from this Palestinian court on this question, which is so much a matter of prejudice in Palestine?
§ Sir P. CUNLIFFE-LISTERReally, the right hon. and gallant Gentleman does not help the course of justice in any way by observations like that. The course followed all through the British Empire is that, in the first instance, there is the ordinary criminal court in which absolutely all the well-known principles of British justice are to be found, and there is the Court of Criminal Appeal.
§ Colonel WEDGWOODHas the right hon. Gentleman read the accounts of this case, which has gone on for the last year?
§ Mr. SPEAKERI think that the right hon. and gallant Member had better get on to his next question.