§ 82. Mr. Nabarroasked the Secretary of State for War what steps were taken by Army medical authorities to establish, immediately after ex-Corporal Munday's offences, whether he was in possession of full sanity or temporarily of unbalanced state of mind; and whether he will now publish in the OFFICIAL REPORT the medical evidence already given.
§ Mr. SoamesMunday was persuaded to surrender by a medical officer who talked to him for some time before and after he gave up his arms. This doctor was satisfied that the soldier was not suffering from any disease of the mind and that he was medically fit to remain in arrest. At no time during the court-martial was Munday's sanity or mental balance called in question, and no medical evidence about this was given.
§ 83. Mr. Nabarroasked the Secretary of State for War why 42 days were allowed to elapse between the arrest of ex-Corporal Stanley James Munday, Royal Hampshire Regiment, serving in Cyprus on 12 years' Regular engagement and temporarily in Great Britain on compassionate leave visiting his critically ill mother, and the date ex-Corporal Munday appeared before a court-martial; what is the average length of time that elapsed in the case of all other ranks court-martialled in the last five years as between date of arrest and date of appearance before a court-martial; and why soldiers to be court-martialled cannot be dealt with within seven days or such reasonable period.
§ Mr. SoamesBy the rules which were in force at that time, and which have since been amended, a trial for absence without leave had to be held in the country where the soldier concerned was stationed. In July normal air trooping 157W was suspended because of events in the Middle East. Munday was therefore posted to the next draft leaving by sea, but efforts were made in the interim period either to transfer his trial to this country or, when air trooping was resumed, to secure an air passage. A flight was eventually booked for 12th September.
The waiting time before trial by court-martial of soldiers in arrest is 24 days in the United Kingdom and 27 days worldwide, averaged over the last year. Figures for the past five years are not available. No significant reduction below those times could be achieved without detriment to the preparation of prosecution and defence.
§ 84. Mr. Nabarroasked the Secretary of State for War on what date ex-Corporal Stanley James. Munday, Royal Hampshire Regiment, serving in Cyprus on 12 years' Regular engagement and temporarily in Great Britain on compassionate leave visiting his critically ill mother, was arrested on grounds of absence without leave; on what date further offences were committed and the number of days that had then elapsed; on what date he was court-martialled and how many further days had then elapsed; on what date the sentence of three years' imprisonment was reduced on review by six months; on what date ex-Corporal Munday's appeal against conviction was entered; on what date such appeal will be heard; and what arrangements are being made for ex-Corporal Munday to receive first-class legal assistance.
§ Mr. SoamesHe was arrested on 29th July. The subsequent offences were committed 42 days later on 9th September. His court-martial was held 30 days after that, on 8th and 9th October. The review and reduction of sentence took place on 22nd October, and the appeal was entered on 5th November.
The Army Council must deal with the petition by 15th December; and if Munday is not satisfied with its decision he then has 10 days in which to lodge an application with the Courts-Martial Appeal Court. The case would then be in the hands of the Court who would decide whether to grant his application, the date of the hearing and the question of legal aid.