§ LORD DE L'ISLE AND DUDLEYMy, Lords, I beg to ask the Question of which I have given His Majesty's Government private notice—namely, whether, at the forthcoming trial of Field-Marshal von Manstein before a British military court, they have ensured that the defendant is provided with every facility for the conduct of his defence, and whether, in particular, British counsel have been made available to take part in this defence.
§ THE LORD CHANCELLOR (VISCOUNT JOWITT)My Lords, I am satisfied that the defendant will be provided with every facility for the conduct of his defence. He has two most experienced and distinguished German lawyers defending him and, in addition, I understand that at this very moment a British counsel is at Hamburg assisting the defence in the preparation of the case.
§ LORD DE L'ISLE AND DUDLEYMy Lords, while in no way questioning the competence or impartiality of the court or in any way anticipating either the charges to be preferred or the verdict which will be reached, may I ask His Majesty's Government whether it is true that two eminent British counsel have been retained by the prosecution in this case?
§ THE LORD CHANCELLORCertainly. I know that one has, and it may well be that there are two.
§ LORD DE L'ISLE AND DUDLEYMay I ask whether it is not important that the defending counsel should be those best qualified to plead before a British court?
§ THE LORD CHANCELLORThose best qualified to plead before a British court should have the opportunity to be on close terms with the defendant, to take instructions. The German counsel concerned are counsel experienced at the 1296 Nuremberg trial, and I do not think there can be any doubt on the part of those who know that the persons who are accused will be well defended.
§ LORD DE L'ISLE AND DUDLEYIs it not true that von Manstein's property has been confiscated by the Russians and that he is therefore without private means to engage either British counsel or indeed any lawyers for his defence? And is it not true that he has to answer seventeen detailed charges covering the four-and-a-half years?
§ THE LORD CHANCELLORSo far as German counsel are concerned, they are allocated and provided at no expense to the defendant and are paid for out of the funds of the Hamburg municipality under the usual free legal aid machinery for the defence of persons alleged to have committed war crimes in Germany. I understand that is a British arrangement, but I am afraid I do not know the details of it, because it does not concern His Majesty's Government.
§ LORD DE L'ISLE AND DUDLEYIs it not true that the British counsel referred to by the noble and learned Viscount has engaged in this trial purely voluntarily and out of compassion for the accused? Are His Majesty's Government indifferent whether the accused is able to furnish himself with the best defence possible in the circumstances, and will not such indifference gravely damage British reputation in Germany and elsewhere?
§ THE LORD CHANCELLORThe noble Lord has no right to suggest that those responsible for the administration of justice can be indifferent in such a matter.
§ LORD DE L'ISLE AND DUDLEYMay I ask whether the noble and learned Viscount will not furnish funds to provide British counsel to plead before this court, as this would ensure that the defence was adequately provided for?
§ THE LORD CHANCELLORI shall do everything to ensure that this defendant is properly defended, as I do with any other person accused of serious crime.