§ 4. Mr. M. Lindsayasked the Secretary of State for War why Lieutenant K. A. Gourlay, R.A.O.C., was for two weeks under close arrest and for over 40 weeks under open arrest before being tried by court martial on a charge of which he was acquitted; and if he will give instructions that officers and other ranks will not normally, in future, be kept under arrest while awaiting court martial upon charges of such a nature that they would be released on bail while awaiting trial by a civilian court.
§ Mr. BellengerLieutenant Gourlay was under close arrest for 15 days and under open arrest 22 weeks. I am investigating the reasons for his being kept under arrest for this period, which is certainly not normal. The decision whether a soldier should be kept under close or open arrest or released without prejudice to re-arrest, must continue to lie with the responsible convening authority, but I have now given instructions that cases involving delays of more than 60 days should be referred to the War Office.