HC Deb 28 April 1952 vol 499 cc1005-7
23. Sir John Mellor

asked the Attorney-General what expense was incurred to public funds in making inquiries in the United Kingdom and Australia concerning the affairs of eight companies of the Bernales group; when these inquiries were commenced and when completed; and why no action was taken upon the information obtained.

The Solicitor-General (Sir Reginald Manningham-Buller)

As far as can be ascertained the cost to public funds of the inquiries into the affairs of the Bernales group of companies was £4,046 6s. 1d.

The police inquiries began on 10th October, 1945, and the results were reported on 18th February, 1948, to the then Attorney-General, who decided that they disclosed a prima facie case that a criminal offence had been committed. Proceedings were not then instituted because on 3rd May, 1948, the Principal Medical Officer of the Home Office reported that Bernales was unfit to stand his trial. Bernales has been examined on several occasions since then, the last occasion being on 5th January this year, and I am advised that he has been at no time since May, 1948, and is not now, fit to stand his trial.

Sir J. Mellor

Will the Solicitor-General say why de Bernales has been treated so much more tenderly than the girl at Exeter in February, who was brought to the court upon a stretcher to stand her trial for murder?

The Solicitor-General

I do not think the two cases are at all comparable. The advice I have is that it is only by keeping this gentleman, Mr. Bernales, completely free from strain and worry that he is being kept alive.

Mr. F. J. Bellenger

Does not the hon. and learned Gentleman know that this matter has been going on since before the war? I was putting Questions on this case before the war. Have any steps been taken to satisfy him or the other Law Officers that the illness of Mr. Bernales is such that he cannot be brought to trial at an early date?

The Solicitor-General

I thought I had made that clear. In 1948 the then Attorney-General decided that there was a prima facie case that a criminal offence had been committed. Proceedings would then have been instituted but for the medical condition of Mr. Bernales. That condition was inquired into by the Principal Medical Officer of the Home Office, who reported that he was then unfit to stand his trial. There have been regular reports on his health since then, and his health has not improved but has deteriorated.

Sir J. Mellor

Is the Solicitor-General aware that de Bernales paid £155,000 to settle several actions against him for fraud? Was not that taken into account?

The Solicitor-General

So far as I am aware that was not taken into account in deciding whether or not to institute criminal proceedings.