Law: Evidence Act, (1 of 1872)

Section: 24

  Sabotage--------During enemy occupation-Put forward as defence against prosecutions for acts of breaking stores and stealing articles of food and drink-Whether entertainable Whether entertainable in appeal if not taken at trial.   The appellants were charged with and convicted of acts of breaking stores and stealing articles of food and drink dur ing occupation of the Island of Guernsey by German forces in 1942. A ground of appeal before the Privy Council was that by reason of the German occupation the appellants were unable to put forward at the trials their real defence, namely that the offences alleged to have been committed by them were really acts of sabotage:   Held, that this ground of appeal was not one of which in view of the course taken at the trial an appellate Court could take cognisance.   Their Lordships expressed no opinion as to whether if such a plea had been advanced and proved before the trial Court that Court ought to have entertained it.   Confession-----Induced by threat of proceedings by German Chief of Tribunal during German occupation of an English island in 1942-Invalid-Evidence Act (I of 1872). S. 24.   The appellants were tried by the Royal Court of the island of Guernsey for offences of breaking stores and stealing articles of food and drink during occupation of the island by the German forces in 1942. There were certain admissions and confessions in evidence against the appellants.   Their ground of appeal was that their admissions or confessions were induced by the production of a letter from the German authorities which stated that if they denied the admissions made by them to the German authorities the German Chief of Tribunal would take up proceedings against them in respect of the thefts committed at the expense of "the English traders":   Held, that in the case of those appellants who contended that their confessions had been induced by the production of the letter from the German authorities and who did not subsequently admit before the Royal Court that they had committed the thefts the convictions must be quashed.   Solicitors: S. Sydney Silverman.   Solicitors:…