HC Deb 19 November 1969 vol 791 cc1309-10
35. Mr. Wolrige-Gordon

asked the Secretary of State for Scotland why he has not recommended the exercise of the Royal Prerogative of Mercy in the case of John Burns Maitland, of 31 Hamilton Road, Fraserburgh.

Mr. Ross

As I informed the hon. Gentleman in my letter of 26th August, I have given full and careful consideration to all the circumstances of the case of John Burns Maitland, but have reached the conclusion that no grounds had been disclosed which would be sufficient to justify a recommendation that the Royal Prerogative of Mercy should be exercised. It is contrary to practice to state the grounds on which a decision is reached whether or not to recommend that the Royal Prerogative of Mercy should be exercised in a particular case.

Mr. Wolrige-Gordon

Is the right hon. Gentleman aware that the police of Fraserburgh are certain that Maitland was not involved in the circumstances which caused him to be charged and subsequently convicted, and that their view is supported without qualification by the chief constable? As the charges were brought in the first place by the police against this young man, why cannot he be cleared officially as well?

Mr. Ross

The issue of the credibility of witnesses is primarily a matter for the courts and this was a point at issue when the case was heard. There was no appeal against the verdict, and I think that my noble Friend the Lord Advocate wrote to the hon. Gentleman in respect of this. I cannot act as a court of appeal. The circumstances of the case are not such, as I have said, as to justify action by me.

Mr. Hannan

Does my right hon. Friend recall that the hon. Member for Aberdeenshire, East (Mr. Wolrige-Gordon) voted for the retention of the death penalty? While we appreciate the hon. Gentleman's concern for a constituent, is this not a case of being in favour of hanging in general but against it in particular? Is this not in contradistinction to the usual attitude of hon. Members opposite, which is that of being in favour of reform in general but not in particular?

Mr. Speaker

Order. We cannot debate capital punishment now.

Mr. Ross

My exercise of the Royal Prerogative of Mercy not confined to any one crime, and that the serious crime my hon. Friend mentioned. The case involving Mr. Maitland was that of being convicted of taking and driving a car without the owner's consent.