§ 36. Mr. Ridleyasked the Attorney-General if he will make an ex-gratia payment to cover the costs of Mr. Robert Winter of the Tiger Club, who was prosecuted for low flying and acquitted.
§ 40. Mr. Huntasked the Attorney-General if he will make an ex-gratia payment to Mr. Robert Winter of the Tiger Club following his acquittal on a charge of low flying.
§ The Attorney-GeneralNo, Sir.
§ Mr. RidleySince the Director of Public Prosecutions has apparently prosecuted the wrong person in this case, is it reasonable that somebody who is totally innocent should be asked to pay £250 costs? Why should not the Attorney-General have another look at this case, or does he want to be known as a modern Morton's fork?
§ The Attorney-GeneralI do not easily recognise the comparison, nor do I accept the first part of the hon. Gentleman supplementary question. When a defendant is acquitted, it is for the court to decide whether he should be awarded costs. In this case the application of the defendant for costs was rejected by the court.
§ Mr. HuntWould not the Attorney-General agree that this case has engendered an immense amount of resentment and feeling within the amateur flying world? In view of the total lack of evidence against Mr. Winter, is it not clear that these proceedings should never have been brought and is not some apology due to him?
§ The Attorney-GeneralWe had a discussion on this during an earlier Question Time. The proceedings were brought by the Director on evidence available to him. It is the case that the defendant was acquitted, but that is not a wholly exceptional event in our administration of justice.
§ Mr. CarlisleAlthough I agree that the awarding of costs is a matter for the courts, would not the right hon. and 976 learned Gentleman agree that more generous use of a court's power to award costs to those acquitted and to order payment of costs by those who are convicted would be a most suitable move?
§ The Attorney-GeneralIt may be that the courts will read the hon. Gentleman's question.
§ Mr. WhitakerWould my right hon. and learned Friend agree, with his usual fairness, that lay litigants in person should in principle have their costs taxed as generously as lawyers'.
§ The Attorney-GeneralI am bound to say that I am sympathetic with these questions, but they are a matter for my right hon. Friend the Home Secretary.
§ Mr. RidleyI beg to give notice that, in view of the unsatisfactory nature of the reply, I shall seek to raise the matter at the earliest possible opportunity on the Adjournment.