§ 27. Mr. Boardmanasked the Secretary of State for War whether 3654359 Private J. Gerrard, Border Regiment, is still under arrest; under what circumstances he was arrested as an alleged deserter after his release from the Service under Class A; whether there is any proof of delivery of papers requesting return to his unit; how long the coalmining in dustry has been deprived of his services; and, in the case of wrongful arrest, what compensation is payable.
§ Mr. BellengerAs the answer is long, I will, with permission, circulate it in the OFFICIAL REPORT.
Following is the answer:
Private Gerrard is a Regular soldier who, while on a seven years' engagement, was convicted of desertion in February, 1945, and forfeited his previous service. His Colour service therefore is not due to expire till February, 1952. In June last year he was erroneously sent on release leave, clue to expire on 22nd September. The mistake was noticed and action to recall him taken in July. He did not report and was in December arrested by the civil police Whilst in open arrest he absented himself but returned to his unit on 11th January.
He was tried on two charges of absence without leave. the first for the period from the date of his recall from release leave to 7th December and the second for the period from 24th December to 11th January. The first charge was dismissed as there was no proof that he had received the recall notice, which had been sent by ordinary post. On the second charge he was admonished and forfeited 19 days' pay. There is no question of wrongful arrest in this case, nor of the coalmining industry being deprived of his services since he was a Regular soldier before the war.