The Israeli Court freed today three Britons of charges of espionage brought against them after they were kidnapped by Irgun Zvai Leumi members. A bail application for the other two accused Britons was denied.
The released men are Alfred Leech, Thomas M. E. Bryant and Thomas Anthony Downes. Bryant was acting general manager of the Jerusalem Electric and Public Service Corporation and secretary of the British civilian community in Jerusalem. Leech and Downes were employed by the Corporation. It was understood that all three would return to their Jobs.
Judge Eliezer Malchi, London-educated barrister, ordered the release of the three men after the police, in 11 minutes of examination, admitted there was no evidence for holding them. The two men still detained are Frederick W. Sylvester and William G. Hawkins, accused of operating a secret radio transmitter in Jerusalem. Their counsel, Jacob Solomon, Haifa attorney, asked for their release on bail but the motion was denied and they were returned to Rishon L’Zion prison.
The judge informed counsel, who wanted to know where the arrest had taken place, that the secret transmitter was found in the German colony of Jerusalem, which is now Israeli territory. Judge Malchi said the case would come up in ten days.The prosecution was instructed at that time to present its full charges, under the defense regulation framed by the former Mandatory Power, a rule which is still Israeli law.
The court also announced that Sylvester and Hawkins will be tried in the district court in Jerusalem, “since Jerusalem has been named as being the venue of the alleged crime.” The application for release on bail was turned down after a police official pointed out that “enemy territory is too close and too easy to reach.”
Today’s hearing took place in the crowded Tel Aviv district court, with about 50 newspapermen, newsreel and still photographers and 15 police officers jammed into the small room. The Britishers looked cheerful as they were brought into the dock between policemen armed with sten guns. The proceeding passed quickly and informally, while many spectators waited outside the court.
Before the trial, Judge Malchi summoned all Hebrew press journalists and warned them against contempt of court in their reporting of the trial, particularly in any reference to the guilt or innocence of any prisoner.
LEGALITY OF BERGSON’S ARREST QUESTIONED IN TEL AVIV COURT
A question of the legality of the powers under which the Israeli Army Chief of Staff ordered the detention of Peter Bergson, Jacob Meridor and three other members of the Irgun Zvai Leumi was raised today in the Tel Aviv district court, hearing a habeas corpus motion in behalf of the accused men.
Max Seligman, counsel for Bergson, argued that the emergency powers invested in the mandatory which wore taken over by the Israeli Government did not include the powers held by the British Army General Officer in Command and, therefore, the Israeli Chief of Staff, Jacob Dori, was not authorized to order the detention of the Irgun members under such powers. The Court postponed its verdict indefinitely.
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