BEFORE THE LAW IS ALTERED

Evening Post, Volume CXXXII, Issue 40, 15 August 1941, Page 4

BEFORE THE LAW IS ALTERED

The recommendation of the Government which has resulted in the remission of the flogging part of the sentence imposed on four prisoners is the culmination of a series of events which must cause grave disquiet. 'The sentence was wholly in accord with the law and the Court of Appeal upheld it without hesitation. The Government delayed its execution till there appeared to be danger of its lapsing through the expiry of timet When public attention was pointedly directed to this, the Government, after long delay; said that it disapproved flogging as a punishment and would recommend the remission of the sentence. Also it was later announced that legislation would be introduced to abolish flogging. The remission has been made in face of the statement made by the Attorney-General: "This was a case that called for flogging if ever there was one." The AttorneyGeneral practically admitted, if not in so many words, that the sentence of the Court was right and proper. "The Courts," he said, "could not be guided by Government policy, but only by what was expressed in legislation. While the legislation was there the Courts could not disregard it." But it must be remembered that the Court that imposed the sentence and the Court of Appeal that confirmed it were not compelled to impose it. The sentence is allowed by the legislation, not prescribed. The Courts, exercising their judgment, decided that this was a case that deserved the punishment. The Government has taken upon itself to override the Courts, before amending the law. The Government must now face the very grave issue stated by Mr. Poison in the House: "A murderer among the prisoners, knowing the policy of the Government, knew that he had nothing else to fear."