In view of the fact that at the recent trial before the Deputy District Commissioner of Jerusalem of certain Arabs charged under the Prevention of Crimes Ordinance (they were accused of Communist activity the proceedings being reported in the J.T.A. Bulletin at the time), the witnesses for the Prosecution were permitted to give evidence behind screens, Mr. P. Freeman, Labour member for Brecon, asked in the House of Commons this afternoon, would the Under-Secretary of State for the Colonies state whether this was the usual procedure in Palestine, and what was the result of the trial and the sentence if any imposed.
The Secretary of State for the Colonies has no information with regard to the trial in question, Dr. Drummond Shials replied, out enquiries will be made from the High Commissioner.
If this practice exists, Mr. Freeman pursued, will he consider the desirability of stopping it.
We will certainly look into the whole matter, Dr. Shiels answered.
Is the Chief Justice aware that during the trial of certain Communists in Jerusalem, the accused were confronted by witnesses who were kept behind a screen and were therefore not seen by the prisoners, the “Palestine Bulletin” of Jerusalem asked in its issue of February 11th.
Is it not a principle of English justice, it asked further, that the accused should see the person accusing him? How can an accused person know whether the witness against him is not a personal enemy, or that his evidence is not in some other way tainted? How can the public be certain that the evidence of agents provocateurs is not being used? Is the Judge presiding at the trial in a position to draw his conclusions as to the credibility or otherwise of a witness whom he cannot see? Do not Judges judge from the behaviour of a witness in the box whether he is speaking the truth or not? In the case in question was the Court satisfied that the hidden witnesses were not reading from documents prepared for them? Could the court be sure that the witnesses had not made notes before the trial wish which they were refreshing their memory behind the screen? Does the evidence of a man, a confessed Communist for three years, become more trustworthy by being given in secret? Will the Chief Justice take steps to prevent a recurrence of what appears to be repugnant to all ideas of proper legal procedure as understood in England?
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