HC Deb 10 June 1947 vol 438 cc84-5W
35. Mr. Crawley

asked the Secretary of State for War why 933885 Sergeant Trevor Tomlins, 348 Railway Operating Company, R.E., B.A.O.R., who, as the War Office knows, has fulfilled all necessary conditions, cannot get leave to marry his German fiancee, who has also passed her necessary tests.

Mr. Bellenger

I regret the delay in this case. Urgent action is now being taken to deal with Sergeant Tomlin's application, and I hope to let my hon Friend know the result shortly.

60 and 67. Mr. Baird

asked the Secretary of State for War (1) why Private E. M. Wilson, R.A.S.C., was kept in close arrest from 3rst January to 26th June, 1945. awaiting trial, although all the evidence before the court was in the hands of the authority concerned the day he surrendered; and why, after all this delay, he was tried by an emergency court of three officers on the grave charge brought;

(2) why, during the trial of T/218161 Private E. M. Wilson, the qualified legal adviser in attendance failed to advise the court or the accused that the charge carrying the greater penalty should be dealt with first as laid down in the rules of procedure for courts martial; and, as failure to give this advice may have resulted in the soldier receiving an excessive sentence, if he will now release him.

Mr. J. Freeman

Private Wilson was tried by a field general court martial composed of a major and two other officers, which is the normal court for the trial of a case of this nature. The following were contributory causes of the delay in bringing Private Wilson to trial: the principal witness for the prosecution, a Military Police corporal, was detained in hospital suffering from a gunshot wound inflicted on him by the accused; the accused was thought to be involved in a number of thefts and it was necessary to carry out extensive investigations before the trial commenced. These investigations took a considerable time and it must be remembered that active operations were still in progress at the time; the accused was himself detained in hospital from 15th February to 3rd March, from 10th to 18th April, and from 19th to 24th June.

The Rules of Procedure quoted by my hon. Friend apply to charges laid in the alternative. The two charges to which Private Wilson pleaded guilty were: (1) Deserting His Majesty's Service, (2) Committing a civil offence, wounding. These charges were naturally not laid in the alternative. Private Wilson pleaded guilty to both charges and the court were bound in law to award one sentence in respect of both. The sentence awarded to the soldier was in no way effected. The case has been reviewed recently and is due for review again this month.