§ Mr. Arthur Lewisasked the Attorney-General (1) whether he has now received from the Director of Public Prosecutions the report on the case of Mr. Oleg Lyalin charged with drunken driving; what action he has taken, or intends taking, on this report; and whether he will make a statement;
(2) whether he will make a statement on the reference to the Director of Public Prosecutions of the case of a drink and driving charge against Mr. Oleg Lyalin; in how many cases during the past 12 months similar cases have been referred to the Director of Public Prosecutions; and what action was taken in each instance;
(3) when legal proceedings for drunken driving against Mr. Oleg Lyalin, and for offences contrary to the Road Traffic Acts, details and prima facie evidence of which are in his possession, will be commenced and concluded.
§ The Attorney-GeneralMr. Oleg Lyalin, although accredited to the United Kingdom as a member of the Soviet Trade Mission, was an intelligence officer holding an official post of importance in that department of the K.G.B. whose duties and functions included the organisation of sabotage within the United Kingdom. After Mr. Lyalin sought asylum there were substantial grounds for anxiety over his personal safety, enhanced by the fact that the duties of his department of the K.G.B. also included the elimination48W of individuals judged to be enemies of the U.S.S.R. These anxieties remain.
I was advised that were Mr. Lyalin to attend court at a fixed time and date, there would be grave difficulties about protecting him and, in particular, in concealing his movements and whereabouts before attending the court and after he had left it. Even if the court bad consented to try his case summarily in his absence whatever his plea, these circumstances would have deprived him of options as to mode of trial and he would have been unable to give evidence either in explanation of the facts or to challenge the evidence. All this in my opinion precluded his receiving a full and fair trial. Accordingly, I decided that in the public interest the charges should be withdrawn.
This decision was made in direct consultation with the Security Service and the Director of Public Prosecutions who has authority under the Prosecution of Offences Acts, 1879–1908 to take over any prosecution which he is satisfied requires his intervention. I have neither spoken with nor received any message at any time from any Minister nor from any other Department of Government concerning Mr. Lyalin.