§ 32. Mr. Grimondasked the Secretary of State for the Colonies whether, in addition to the report itself, he will make available the transcript of the evidence laid before the inquiry which preceded the Collective Punishment (Kalahari) Order, 1951; and whether he will recommend to the Governor of Nigeria that the date for payment of this collective fine upon the Kalahari people be postponed to allow consideration of the evidence.
§ Mr. J. GriffithsI am arranging to place in the Library of the House a copy of the transcript of evidence as soon as it is received from Nigeria. The answer to the second part of the Question is in the negative.
§ Mr. GrimondWould the Secretary of State reconsider his answer to the second part of the Question, because the lack of this evidence is placing the legal advisers of this tribe in very great difficulties?
§ Mr. GriffithsNo, Sir. This is a matter for the Governor. Under the Collective Punishment Ordinance the Governor is required to report to the Secretary of State any orders made under it, with the reasons why he makes it, but he is not required to obtain the approval of the Secretary of State to such an order. It is a matter for his discretion.
§ Mr. FernyhoughDoes my right hon. Friend realise that the policy of imposing collective fines is abhorrent to many of us on this side of the House because it punishes the innocent as well as the guilty?
§ Mr. GriffithsI would ask my hon. Friend to examine the evidence when the evidence is made available. He will then see what is the problem which has to be faced and why, so far, no other punishment has been found to be effective.
§ Mr. KeelingIs the right hon. Gentleman aware that this was a particularly brutal crime, in which 100 defenceless fishermen were massacred and that the Governor deserves the support he is giving him?
§ Mr. GriffithsYes, Sir.
§ 33. Mr. Grimondasked the Secretary of State for the Colonies what steps he proposes to take to ensure that the findings of the inquiry set up by executive act of the Governor of Nigeria do not prejudice the trial of certain members of the Kalahari tribe presently held in arrest.
§ Mr. J. GriffithsNine of the accused persons have been tried and acquitted, the judge holding that, although Kalabaris had been guilty of the killings, the evidence of identification against the accused persons was not sufficiently strong. In view of this, the prosecution have entered a nolle prosequi in all other outstanding cases.