MILITARY INQUIRY

New Zealand Herald, Volume LXXV, Issue 23083, 7 July 1938, Page 13

MILITARY INQUIRY

CASE OF MR. SANDYS QUESTIONS IN THE HOUSE ACTION OF ARMY COUNCIL MINISTER QUOTES REGULATIONS By Telegraph—Press Association—Copyright (Received July G, 5.5 p.m.) British Wireless RUGBY. July 5 The Prime Minister, Mr. Chamberlain, in the House of Commons, suggested that the Leader of the Opposition, Mr. C. R. Attlee, should open conversations through the usual channels to see what arrangements could be made for an early debate on the report of the Committee of Privileges, which had found that a breach had been committed when a military court of inquiry ordered Mr. D. Sandys (Conservative — Norwood) to appear before it. Mr. Sandys gave evidence for 75 minutes privately bcforo the Select Committee.

Mr. Hore-Belislia, Secretary of State for War, when questioned, declined to give information regarding the time and place of the meeting of the Army Council which decided to appoint a court of inquiry or make public the names of those present at tho meeting, on the ground that it had not been the practice in the House to make proceedings of the Army Council subject to detailed question and answer. M.P.'s Holding Oommisuions Tho Minister said that 23 members of the House held commissions in the Territorial Army and two in the militia. These members were subject to military law at all times under the Army Act. In addition, 57 members held commissions in the Regular Army or Territorial Army Reserves. These members, generally speaking, were subject to military law if they were ordered for military duty to which they were liable. Mr. Hore-Belislia, in a printed answer to a question, said: "The assembly and procedure of military courts of inquiry are governed by rules 124, 125, and 125 a, made pursuant to the provisions of section 70 of the Army Act. Assembling of Court "A court of inquiry may be assembled by the Army Council or by the officer in command of any body ol troops, and may be directed to collect and record evidence and if and as required to report and make a declaration in regard to any matter which might be referred to it. "Under tho provisions of rule 175, an officer of the Territorial Army on the active list is subject to military law at all times. His attendance as a witness before a court of inquiry is a military duty and is secured by means of a military order to attend, given by his superior officer. Enforcement ol Appearance "The attendance before a court of inquiry as a witness of a warrant officer, non-commissioned officer or man of tho Territorial Army can only be enforced at such times as he is subject to military law under section 176; but in the ease of an officer, warrant officer, non-commissioned officer or man of the Territorial Army, the provisions of rule 125 would have to be complied with. "This rule ensures that if his character or military reputation is likely to be affected as the result of a court of inquiry, h#may be afforded the opportunity of attending and making any statement or giving any evidence he may wish, or of cross-examining -any witness whose evidence in his opinion affects his character or military reputation, and of producing any witnesses in defence of his character or military reputation."