HC Deb 16 December 1953 vol 522 cc362-3
29. Mr. Hale

asked the Secretary of State for the Colonies why a charge of alleged murder by a British subject of a British subject in Kenya was tried by court-martial instead of by the civil courts; and what peace-time precedents were relied on for this decision.

Mr. Lyttelton

As the incident occurred during the course of military operations the Kenya Attorney-General and the military authorities agreed that the case should be tried by court-martial; no specific peace-time precedent was relied on for this decision.

Mr. Hale

Do I understand the right hon. Gentleman to say that there is no precedent of any kind in our books of history or of law for the trial, on a charge of alleged murder by a British subject of a British subject on British territory in peace-time, taking place by court-martial?

Mr. Lyttelton

I think the operative words are "in peace-time" The view of the legal authorities in Kenya is that these were military operations.

Mr. Paget

Is it not a most unconstitutional practice to allow the trial by the military, on a charge of murder, of civilians, and is it not highly regrettable and one of the very regrettable features of this case is that it was ever allowed to happen?

Mr. Lyttelton

I cannot agree with that.