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Belsen Trial

Volume 414: debated on Tuesday 23 October 1945

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asked the Secretary of State for War how many officers and other ranks are engaged either directly or indirectly in the Belsen trial, in such capacities as members of the court, prosecution staff, defending officers, military police, guards, transport personnel, interpreters, clerical staff, or are otherwise similarly involved.

These figures are not available and I regret I do not feel justi- fied in authorising the disproportionate amount of work and correspondence which would be necessary to obtain them. Hon. Members will appreciate that many of the personnel in question are performing their other duties as well and that there can be no exact or clear-cut answer to the Question.

asked the Secretary of State for War whether he has noted the remarks of Major Winwood on 8th October, during. the Belsen trial, in his defence of Kramer, that the precedent of concentration camps to keep undesirable elements out of the way till fighting was over was set by the British during the South African war and more recently also in Egypt and, further, that the German concentration camps contained the dregs of the ghettos of middle Europe; and, in view of the double slur cast by a British officer on the British authorities and also on the recent victims of the Nazi terror, will he take appropriate action against Major Winwood.

Major Winwood is in the position of defending counsel and, as such, is entitled to the privileges of that office. Within the limits of normal legal practice he is obliged to accept and put forward the instructions he receives from the accused he is representing. Therefore in doing this it cannot be said that he, as a British officer, is committing any offence.It would be contrary to all the principles of British justice, upon which such emphasis is being laid in these trials, if a British officer acting as defending counsel were to be restrained from exercising his normal rights by the fear of possible disciplinary action. It is the province of the court to intervene if it considers any statement made by defending counsel improper or irrelevant. Any outside interference in the conduct of the court would be improper.