§ 37. Mr. Loganasked the Secretary of State for War, in regard to correspondence from the Member for the Scotland Division of Liverpool, whether Private Murphy, sentenced to five years' imprisonment, has had his sentence nullified?
§ Mr. SandysThe sentence has been suspended subject to periodic review. Guardsman Murphy has been released from prison and has returned to duty.
§ Mr. LoganAm I to take it that a question of suspension is to hang over a Regular serving soldier in the Guards for a trivial affair of refusing to do a certain thing?
§ Mr. SandysThe "trivial affair" to which the hon. Member referred was mutinous action, and we do not regard that as a trivial offence.
§ Mr. LoganIf it be an offence, why show any mitigation whatever? Why not deal with it in the proper fashion? Why have suspension hanging over the man? If it is insubordination, it should be dealt with as insubordination, but on reflection it has been found not to be insubordination.
§ Mr. GoldieHow was it that a sentence of five years' imprisonment was passed when the maximum sentence in a civilian court is two years with hard labour, after which a sentence must be penal servitude?
§ Mr. SandysI am certainly not aware that this sentence is in excess of what is allowed. It was given in the ordinary course of military law and was reviewed by the Judge Advocate-General. If the hon. and learned Member questions it, I will certainly look into it again, but there has never been any suggestion that it was beyond the powers of the court which imposed it.
§ Mr. LoganMay I say that the mother is most grateful for what has been done, but would like to see the sentence removed entirely?