HC Deb 10 July 1946 vol 425 cc376-7
21. Mr. John Lewis

asked the Under-Secretary of State for Air if he has any statement to make regarding 644870 Corporal T. Potter, R.A.F., I Fortune Street, Bolton, who was convicted by court martial in Burma on 24th October, 1945, and sentenced to 10 years' penal servitude, in respect of which the hon. Member for Bolton has been making representations to him since February, 1946.

Mr. de Freitas

After full consideration of the case, the Air Council have decided that this conviction should be quashed. Corporal Potter is thus cleared of the charge that was made against him.

Mr. Lewis

As this is one of several recent cases in which it has been found necessary for my hon. Friend's Department to give instructions for a conviction to be quashed, will he undertake to have an immediate investigation into court martial procedure in India and Burma with a view to ascertaining what is wrong with the administration of military justice in this area?

Mr. de Freitas

I have not got the information as to the number of cases in which the Air Council has quashed convictions from this area, but there has been only one case like this—that is, a case of alleged rape—in which the Air Council have upset the conviction. I can say front the cases I have seen that the Air Council's decision has been based on the consideration of delicate points of law and evidence in which the balance is very near, and I cannot for a moment admit that there is any reason for criticising the decision of the original courts martial.