HC Deb 03 May 1948 vol 450 cc886-8
29. Mr. Mott-Radclyffe

asked the Secretary of State for Foreign Affairs whether he has any further information concerning the circumstances in which Lieutenant J. E. Burke was killed by a Yugoslav sentry on the Loibl Pass; whether the body has been recovered from the Yugoslav authorities and the release of Mrs. Burke and Mr. Marler yet obtained.

Mr. Mayhew

Yes, Sir. Mrs. Burke and Second-Lieutenant Marler were released on 29th April. A joint Anglo-Yugoslav court of inquiry into the incident was held yesterday. Lieutenant Burke's body was returned to the British authorities immediately after the end of the inquiry. The court found that the British party had crossed into Yugoslav territory when they were arrested by a Yugoslav sentry. While they were being led to the Yugoslav headquarters a struggle took place between Lieutenant Burke and one of the Yugoslav sentries, during which Lieutenant Burke was shot. The cause and details of the struggle could not be determined to the satisfaction of both elements of the court.

Mr. Mott-Radclyffe

In view of the fact that, except at the actual control post, the frontier is entirely ill-defined, does the hon. Gentleman think there is any justification for the shooting of a British officer even if he does happen to be 150 yards on the wrong side of the frontier?

Mr. Mayhew

I think that possibly the question of blame centres much more around the actual struggle which took place between Lieutenant Burke and the sentry, and not around the fact that they were over the frontier or not. Since the facts are not agreed on the first point. I do not think I can comment.

Mr. Blackburn

Was Lieutenant Burke armed? If not, does it not indicate that unusual action was taken. May I ask my hon. Friend how long Mrs. Burke was detained, and why, and what action His Majesty's Government are taking to show that the killing, and the detention, of British subjects are very grave matters indeed?

Mr. Mayhew

I appreciate, of course, the last part of the supplementary question, but I cannot accept the implications of the question where they reflect criticism on the Yugoslav Government in this matter. The facts of the struggle are the essential question and the facts are not agreed and are not known. On the subject of the detention of Mrs. Burke, we have no complaint to make against the Yugoslav authorities. Mrs. Burke was and is in a state of collapse and did not attend the trial owing to medical advice.

Mr. H. Macmillan

Arising out of that reply, could we have a definite answer—I am afraid I did not catch what was said—whether Lieutenant Burke was armed or unarmed?

Mr. Mayhew

I should need notice.

Mr. Macmillan

Will the hon. Gentleman be able to make a statement, at any rate by tomorrow or as soon as possible—I hope by tomorrow—of what action His Majesty's Government intend to take in view of the circumstances now revealed and the disagreement of the court of inquiry?

Mr. Mayhew

Both that question and the question whether Lieutenant Burke was armed will, of course, appear in the full report which we are getting from Vienna. As I explained, this inquiry took place yesterday and, for that reason, we are not fully informed of all the details. When we have the full report I am sure that my right hon. Friend will consider whether any further steps are necessary.

Mr. Macmillan

Would the Foreign Secretary be prepared to make a statement after Questions tomorrow if full information is then available?

Mr. Boyd-Carpenter

Will the evidence given before the court of inquiry be published as well as the report?

Mr. Mayhew

We shall consider that when we have the report.