§ LORD STONHAMMy 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 they are aware that Alfred R. Weston, serving a sentence of eight years preventive detention after a mistaken plea of "guilty", was advised by the Court of Criminal Appeal to petition to the Home Secretary for a pardon, remission, or rehearing; that his subsequent petition 3 was rejected after a "careful review" which did not include investigation of the evidence of the one witness alleged to be able to establish Weston's innocence; that eminent counsel, who have considered the facts, are of opinion that no offence has been committed by any person; and if they will order an independent investigation into all the facts of the case.]
§ THE MINISTER OF STATE, HOME OFFICE (LORD DERWENT)My Lords, my right honourable friend the Home Secretary has carefully examined this case on more than one occasion and has had inquiries made. He is aware that the witness in question has not been interviewed since Weston's appeal was heard, but he is satisfied that the truth of the statement which she made to the Court of Criminal Appeal has been fully investigated. He can find no grounds for recommending any interference with Weston's conviction or sentence, and he does not consider that any further inquiry into the case is warranted.
§ LORD STONHAMMy Lords, is the noble Lord aware that the witness to whom he has referred states that she received the money which was the subject of the charge, and gave a receipt for it, and that this witness has never been interviewed by the police, although at the man's appeal the Lord Chief Justice said that if what she said was true Weston should not have pleaded guilty or been convicted. Would the noble Lord ask his right honourable friend to include in a new investigation, an investigation into the truth or otherwise of this witness's evidence, which would establish the man's innocence?
§ LORD DERWENTMy Lords, Miss Maltby was, in fact, interviewed by the police before Weston's appeal was heard. My right honourable friend subsequently considered the statement which she made to the Court of Criminal Appeal.
§ LORD STONHAMMy Lords, the point is whether this woman's statement is true or not. If she has been interviewed by the police sergeant who prosecuted, that does not mean a proper inquiry. This man has been three years in prison. Surely justice demands that the facts should be properly investigated, so that we can know whether the man was properly convicted or not. The Lord Chief Justice said that this matter should be investigated.
§ LORD DERWENTMy Lords, the noble Lord raises two points. On the first, concerning the police report, a full report was prepared by Detective Sergeant Pritchard, who was connected with the proceedings against Weston. The National Council for Civil Liberties, among others, were particularly anxious that a report should be obtained, since it was thought that it would be favourable to Weston. I am quite aware that Miss Maltby said that she received the money from Mr. McKeever and that she gave the latter a receipt for it. My right honourable friend has examined this aspect of the matter, but it appears to him that the question whether Weston himself obtained any benefit, directly or otherwise, is irrelevant.
§ LORD STONHAMMy Lords, how can it be irrelevant, when this man was sentenced to eight years' imprisonment for something which, it now appears, in the view of eminent counsel and solicitors who have thoroughly examined the case, he did not do?
§ LORD DERWENTMy Lords, I think that the last thing I can say on this matter is that my right honourable friend has studied the full transcript of the judgment of the Court of Criminal Appeal and other appeal documents, including the statement made by Miss Maltby, who claims that Weston is innocent, a record of the proceedings at quarter sessions, and has obtained full reports from the police, as I have already said. He does not think that any further inquiry is necessary or would do any good.