HC Deb 21 September 1948 vol 456 cc689-90
41. Mr. Peter Freeman

asked the Secretary of State for War whether he will review the sentence passed on No. T/88703 Driver A. V. Fryer, R.A.S.C., who was sentenced to 10 years' imprisonment on 26th October, 1945, for an offence under Section 4, subsection 5 of the Army Act, in view of the fact that he was only 19 years old when he volunteered for the Army, was captured by the enemy in May, 1940, escaped twice and was recaptured in 1941 and 1942, that he has already spent over one-third of his life in prison and was wounded in 1940.

Mr. Shinwell

This soldier was found guilty of voluntarily aiding the enemy and sentenced to 10 years' penal servitude on 26th October, 1945. The sentence is subject to review by the War Office at periodic intervals, not exceeding six months. All cases of this kind were included in a special review which was made on my orders during June this year. No mitigation of sentence was considered to be warranted in this case. In addition to this special review, the case was reviewed by the Army Council last month as the result of a petition submitted on behalf of this soldier by a solicitor. This petition stressed this soldier's youth and the fact that he had already been in prison for a long time. No new facts or legal grounds were disclosed to justify interference with the conviction or sentence. After careful consideration of the case in all its aspects the Army Council decided that the petition should fail.

Mr. Freeman

Is it not a fact that this soldier pleaded not guilty throughout the whole of these proceedings and refuted much of the evidence alleged against him? As he has already been in prison for seven or eight years, partly in German concentration camps and partly in this country, and as the evidence was disputed, will my right hon. Friend consider having a special review of this case now?

Mr. Shinwell

I am afraid that I cannot consider a further special review of this case. According to the evidence presented to us, the information in the possession of my hon. Friend is not consistent with ours.