HC Deb 11 March 1999 vol 327 cc496-8
28. Mr. Jeremy Corbyn (Islington, North)

When he expects to authorise a private prosecution for the death of William Beausire. [74109]

The Attorney-General

Solicitors acting for a number of individuals applied for my consent to prosecute Augusto Pinochet for offences in relation to William Beausire. As my hon. Friend knows, he wrote to me on 27 January regarding the matter. I replied on 1 February that I was then hoping to reach a decision soon, and that the solicitors would be advised. By my letter dated 11 February 1999, the solicitors were advised that I had decided not to grant my consent. The basis of that decision is that the relevant legislation is not retrospective and the material supplied by the solicitors in support of the application provided insufficient admissible evidence to justify a prosecution.

Mr. Corbyn

Does the Attorney-General accept that many of us are very disappointed by his answer and by the letter that he sent to Bindmans, which is acting on behalf of the Beausire family? Is he aware that there is a mountain of evidence that William Beausire, who was last seen at Buenos Aires airport in 1974 and then in prison in Chile a year later, was abducted from Buenos Aires in 1974, and that Michael Townley, who was convicted of the assassination of Orlando Letelier, has admitted his part in the abduction?

Is the Attorney-General aware that in 1977, the British embassy sent a memo to the then Foreign Secretary expressing its belief that the Chilean intelligence service, known as the DINA, was indeed responsible for the murder of William Beausire? Will the Attorney-General look again at that outrageous occurrence in which a British citizen was abducted from one country to another, tortured and murdered, yet we cannot prosecute somebody under national or international law for crimes against humanity, hostage taking and torture in the case of William Beausire? Will the Attorney-General go through the mountain of evidence that exists, look at the many Hansard references on the case, going back more than 20 years, and find that we can at least allow members of the family to try their day in court to hold responsible the people who murdered their brother?

The Attorney-General

I know the concern that my hon. Friend feels about the matter. May I assure him that I consider personally all the applications—more than five—as regards prosecuting in this matter. I have the advice of senior Treasury counsel. My attention is drawn to all possible appropriate evidence, and I look at these matters personally, time after time. I give my hon. Friend that assurance.

May I say—I guard my words very carefully—that I do not want to go too deep into the matter, which the House will understand? Mr. Beausire, we are told, was arrested in 1974. I state without comment that an offence under the provisions on torture in the Criminal Justice Act 1988 came into effect and applied only after September 1988, and an offence regarding hostage taking, only after November 1982. The legislation is not retrospective.

If any additional evidence comes before me, I will look at it. I am sure the House will accept from me that I will look at it with the same care and attention as I have given to all the other applications.