HC Deb 17 February 1995 vol 254 cc881-3W
Mr. Galloway

To ask the Secretary of State for Defence if the Military police are looking for anyone else following the not guilty verdict on Corporal Fisher in respect of the murder of Christina Menzies in 1993; what the victim's father has been told and for what reasons; and if he will make a statement.

Mr. Soames

Without a conviction in this case, the inquiry cannot be closed. Any new evidence or avenue of inquiry has been and will continue to be thoroughly pursued, although at present neither the German civil police nor the special investigation branch of the Royal Military police are conducting active inquiries in connection with Christina's murder. Staff Sergeant Menzies has been advised accordingly.

Mr. Galloway

To ask the Secretary of State for Defence if he will call for an inquiry into the conduct of the prosecution in the murder case against Corporal Fisher cleared of the murder of Christina Menzies.

Mr. Soames

No inquiry is considered necessary or appropriate. The prosecution was properly brought and conducted by an experienced senior legal officer of the Army legal services.

Mr. Galloway

To ask the Secretary of State for Defence what assessment he has made as to the propriety and competence of the military police investigation into the murder of Christina Menzies at RAF Giitersloh in 1993.

Mr. Soames

The body of Christina Menzies was found at Spexard, approximately 10 k south-east of RAF Gutersloh, now Princess Royal barracks altersloh. The Home Office forensic pathologist confirmed that Christina was killed at the scene where her body was discovered. The investigation by the special investigation branch of the Royal Military police into the murder of Christina Menzies was one of the most comprehensive inquiries ever mounted by the SIB in Germany: a major incident inquiry team was established, and worked in close liaison with the German civil police; wide-ranging and extensive avenues of inquiry were rigorously pursued; more than 300 service personnel, dependants and civilians were interviewed; and extensive searches, forensic examinations and appeals for information were made. The investigation team included several Home Office-trained individuals with a wide experience of such serious investigations.

Mr. Galloway

To ask the Secretary of State for Defence how many prosecutions for serious crimes had been undertaken by the military prosecutor who conducted the case against the man accused of the murder of Christina Menzies on a British military base in Germany in 1993; and what verdicts were returned on those cases.

Mr. Soames

The Army senior legal officer who prosecuted at this general court-martial has prosecuted at 12 general courts-martial and 19 district courts-martial since February 1989. A total of 21 accused were found guilty.

Mr. Galloway

To ask the Secretary of State for Defence what military police inquiries are ongoing into the murder of Christina Menzies at RAF Giitersloh in Germany in 1993.

Mr. Soames

None at present. Although some avenues of inquiry were pursued following the trial, in the absence of further evidence which would implicate anyone other than the then prime suspect who was originally brought to trial, no active inquiries are being made. The case is subject to review, however, and any new evidence will be investigated.

Mr. Galloway

To ask the Secretary of State for Defence if he will make available, without charge, the full transcript of the trial of the case of the murder of Christina Menzies, to the lawyers of Staff Sergeant and Mrs John Menzies.

Mr. Soames

If Staff Sergeant and Mrs Menzies' lawyers require a transcript of the trial they should apply to the office of the Judge Advocate General, 22 Kingsway, London WC2B 6LE.

Mr. Galloway

To ask the Secretary of State for Defence if the German police requested that they should conduct the investigations into the murder of Christina Menzies in Germany in 1993; and if he will make a statement.

Mr. Soames

The body of Christina Menzies was discovered in a German civil area and the German police were properly involved at the beginning of the inquiry.' Once her identity was established as that of a British forces dependant, joint inquiries between the German civil police and the special investigation branch of the Royal Military police were conducted. Subsequently, a British service man was arrested on suspicion of Christina's murder. In view of the status of both the victim and the suspect, prime jurisdiction for the prosecution of the service man was passed by the Germany civil authorities to the British military authorities.

Mr. Galloway

To ask the Secretary of State for Defence who decided that the British military police and not the German civilian police should investigate the murder of Christina Menzies in Germany in June 1993.

Mr. Soames

Although the German civil police were involved in the investigation into Christina Menzies' murder, jurisdiction was passed to the British service authorities after the suspect's arrest. The NATO status of forces agreement and supplementary agreement permits the German public prosecutor to waive the primary right of jurisdiction, which then passes to the sending state. In this case it was decided between the chief police adviser of the British service liaison organisation, the German public prosecutor and the service authorities that the case would proceed to court-martial.

Mr. Galloway

To ask the Secretary of State for Defence what assessment he has made of the competence of military police to handle complex forensic and scientific investigation into serious crime.

Mr. Soames

Royal Military police special investigation branch major inquiry teams include Royal Military police and Home Office-trained investigators and scenes of crime officers of the highest competence. Special investigations branch investigators may on occasion be required to work alone, unsupervised and without immediate support and therefore are well trained in a wide range of investigative techniques.

Mr. Galloway

To ask the Secretary of State for Defence if he will make a statement on the military police investigation into the murder of Christina Menzies on the base of RAF Giitersloh in Germany in June 1993.

Mr. Soames

A large-scale joint investigation was carried out by the German civil police and the Royal Military police, involving the most senior and experienced special investigation branch investigation officers. Given the complexity of the investigation, which involved every conceivable avenue being pursued and the deployment of all available resources, it is concluded that the Royal Military police investigation was carried out thoroughly.

Mr. Galloway

To ask the Secretary of State for Defence if he will call for a report from the officer commanding the military police into the police investigation of the murder of Christina Menzies, at RAF Gutersloh, Germany, in 1993.

Mr. Soames

No. On completion of inquiries into this case, a comprehensive report detailing the action taken by the investigation team was prepared. In view of the verdict of not guilty, the procedures were reviewed by the special investigation branch, Royal Military police and were found to be sound. No further report is considered necessary.

Mr. Galloway

To ask the Secretary of State for Defence how many prosecutions for(a) murder and (b) other serious crimes have been prosecuted by military prosecutors in courts martial over the last 20 years; and what verdicts were returned.

Mr. Soames

Since February 1989, 146 accused have been tried by Army general courts-martial and have been prosecuted by legal officers of Army legal services, including 11 prosecutions for murder and five for manslaughter. At these courts-martial, 116 accused have been found guilty and 30 have been acquitted. Statistics for earlier years could not be provided without disproportionate cost.

Mr. Galloway

To ask the Secretary of State for Defence what assessment he has made of the competence of military prosecutors to prosecute serious crimes involving forensic and scientific dimensions at courts martial.

Mr. Soames

The competence of the officers in question is not in doubt. The findings and conduct of Army courts-martial are continually reviewed by the director of Army legal services, by the Judge Advocate General and, where an appeal has been lodged, by the Courts-Martial Appeal Court.

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