§ 2.35 p.m.
§ LORD RUSSELL OF LIVERPOOLMy Lords, I beg leave to ask the Question which stands in my name on the Order Paper.
§ [The Question was as follows:
§ To ask Her Majesty's Government whether their attention has been called to the judgment of the Courts-Martial Appeal Court allowing the appeal of former Major Peter Ralph Cory against his conviction by court-martial in November 1961 of five offences of fraudulent misapplication of funds: whether, having regard to the Court's description of the trial as "astonishing", and its severe criticism of the conduct of the military authorities before, during, and since the trial, and the long delay between trial and appeal, Her Majesty's Government will ensure that a Court of Inquiry is convened by the Army Council to investigate and report on all these matters: meanwhile, will Her Majesty's Government take immediate steps to reinstate Major Cory in his rank and seniority in his Corps, and grant him adequate financial compensation for the months which he has served in Wormwood Scrubs owing to this serious miscarriage of justice?]
§ THE LORD CHANCELLOR (LORD DILHORNE)My Lords, the answer to the first part of the noble Lord's Question is, Yes. With regard to the second part, my right honourable friend the Secretary of State for War and I have already instituted a searching investigation into every respect of the case, and the investigation has already started. With regard to the third part of the Question, Major Cory has been reinstated in his rank and seniority in the Corps. He has received his full pay and allowances, and the War 546 Office and Major Cory's solicitors are in correspondence with regard to compensation.
§ LORD RUSSELL OF LIVERPOOLMy Lords, I should like to thank the noble and learned Lord on the Woolsack for his reply to my Question. I would also ask him if he can tell us whether the Court of Inquiry will investigate, among other matters, why Major Cory's request for certain papers to be given to him which were essential for his defence at the trial was not granted.
§ THE LORD CHANCELLORMy Lords, I did not say that a Court of Inquiry was being appointed: I said my right honourable friend and I were causing an investigation to be made. Certainly the matter relating to the papers will be a matter which will be the subject of investigation.
§ LORD RUSSELL OF LIVERPOOLMay I also ask whether the following matter will be included in the investigation? Having regard to the fact that the Courts-Martial Appeal Court described the trial as "astonishing", will some inquiry be made as to why the Judge Advocate General had previously advised the Army Council that Major Cory's petition against his conviction should be dismissed?
§ THE LORD CHANCELLORMy Lords, that is one of the matters which will be investigated, along with many other matters.
§ LORD SHACKLETONMy Lords, would the noble and learned Lord consider publishing the results of his inquiry in view of the really grave public concern in this case and the anxiety caused to us all regarding the way in which these courts-martial are conducted? Would he perhaps agree that it would be in the public interest for his findings to be published?
§ THE LORD CHANCELLORI was certainly intending, as indeed was my right honourable friend, to report when the investigation was complete. The precise form which that report would follow, I would rather leave over for the time being. I would say that the investigation is likely to take a considerable time. There are a large number of documents which have to be looked at, including a very long shorthand note, and 547 indeed some of the investigations have to take place in East Africa. But the matter is being pressed on with as speedily as possible, and, in due course, I will report and my right honourable friend will report; but I would rather leave over the precise form of that report for the time being.
§ LORD KILLEARNMy Lords, does the noble and learned Lord appreciate how the facts revealed in this Question have appealed to the sense of justice of the whole House, and how relieved people have been that, on the facts as apparently so far proved, something is being done in the interests of justice? Finlly, as we are defenders of the rights of the individual, I hope the suggestion that these papers be published will be met.