CO885-(15-16) — Page 154

PUBLIC RECORD OFFICE

Reference :-

EPELTIC.O. 885

15 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

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1st May (18180).

18180

8091 98.

36966.

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together to render the position of Dr. Brown as Medical Officer as difficult as possible, and in addition to the indignities which he was compelled to suffer while stationed at Kintampo two charges against Dr. Brown were tried by Mr. Rainsford, the first for assault on Lieutenant Alexander, and the second for indecent assault upon a native woman, the wife of his orderly. În addition to these charges Dr. Brown was accused of having appropriated to his own use Government medical stores, and a so-called Board of Transfer was held by Mr. Rainsford and Captain Fenton in pursuance of which the stores in Dr. Brown's possession were handed over to these officers.

4. In consequence of reports by Dr. Buée to Colonel Burroughs, who was in com- mand of the troops north of the Prah, a Court of Enquiry under the Army Act was convened by Colonel Burroughs of which Major J. D. Browne, of the West African Regiment, was appointed President, and of which Captain J. Johnston Stewart, of the Central Africa Regiment, and Captain A. M. Jones, of the West African Regi- ment, were the other members. The evidence taken by this Court of Enquiry is transmitted herewith, together with the documents produced before it. This Court was summoned under paragraph 537 of the King's Regulations, but it does not appear upon the evidence before Mr. Chamberlain whether any actual report was made. The minutes of the proceedings were, however, transmitted to the Governor of the Gold Coast Colony, and on the 30th of January Major Browne telegraphed to Colonel Burroughs that he had suspended Mr. Rainsford from duty, and the Governor on hear- ing what had taken place interdicted Mr. Rainsford from duty, and ordered him to hand over his duties and the keys and contents of the Treasury Chest, and any sums of money in his charge, to Captain Jones or any officer appointed by Major Browne.

5. Mr. Rainsford was summoned to Accra, and proceedings were taken before the Executive Council with a view to his dismissal from office. The rules which govern the conduct of such proceedings will be found at pages 355 and 356 of the Colonial Office List, a copy of which is transmitted herewith.

The Governor's despatch, to which is attached a copy of the charges brought against Mr. Rainsford, his reply, and the proceedings of the Executive Council is also transmitted, together with a copy of a letter to Mr. Rainsford from this Department of the 20th of July last. Mr. Rainsford was dismissed from the Service, and the Secretary of State accordingly cancelled his probationary appointment. A copy of the letter under which Mr. Rainsford was originally appointed is enclosed.

6. Mr. Rainsford has commenced an action in Ireland against Major Browne, the President of the Court of Enquiry, held at Kintampo, claiming damages for arrest and false imprisonment. It is not known on what precise grounds he bases his case, inasmuch as Mr. Chamberlain does not understand that any arrest or detention of Mr. Rainsford by Major Browne took place.

7. Mr. Rainsford, however, has applied to the Secretary of State repeatedly for copies of documents to enable him to conduct his case, and I am to transmit to you a letter dated the 22nd of October, 1901, in which he sets out in detail the documents with which he requires to be furnished. He has further requested that he may be permitted to take copies of the Report of Proceedings of the Court of Enquiry held at Kintampo.

8. Mr. Chamberlain is clearly of opinion that it is not in the interests of the Public Service that the minutes of these proceedings should be produced in Court, and he pro- poses to inform Mr. Rainsford that he cannot be allowed to take copies, and that the document which he asks for will not be produced. With regard to the other docu- ments and the proceedings before the Executive Council, Mr. Chamberlain is also of opinion that it would not be in the interests of the Public Service to produce them, but he entertains some doubt whether a Court of Law in Ireland would allow the claim of privilege in respect of these documents, inasmuch as these proceedings were held to try Mr. Rainsford himself, and it might be considered an extreme step to deny him access to documents which he has actually seen, which relate to his dismissal, and which he now requires in order to establish, if he can, in a Court of Law that his condemnation was unjust. On the other hand, I am strongly to urge that His Majesty has a right to dismiss any public servant without assigning any cause, that the proceedings before the Executive Council are taken in accordance with the directions of the Secretary of State in order that this right may not be exercised without giving the person charged an opportunity of stating his case, that these proceedings in no way affect the right of the Crown to dismiss a public servant, and that the minutes of the Executive Council are regarded in all other cases as confidential. Mr. Chamberlain is of opinion that it would be very detrimental to the Public Service if in every case in which an officer who has been dismissed after proceedings before the Executive Council should be able

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to compel the production of the private minutes of that body, which is not a judicial court, but simply sits to advise the Government in a matter with regard to the duty which he is called upon to perform.

9. I am to enclose a copy of the report of your predecessors of the 23rd of No- vember, 1898,* dealing with the question of the production of documents of this character, and I am to request you to take these matters into your consideration, and to advise Mr. Chamberlain :—

(1.) Whether a Court of Law in Ireland would refuse to compel the production of the proceedings of the Executive Council and of the other documents called for by Mr. Rainsford, if the objection were taken by or on behalf of the Secretary of State that these documents cannot in the interests of the public service be produced?

(2.) "Whether a Court of Law in Ireland would similarly uphold the privilege in respect of the Report of the Proceedings of the Court of Enquiry at Kin- tampo?

(3.) Whether any distinction can be drawn as regards any documents or classes of documents called for by Mr. Rainsford which would induce the Court to hold some privileged and some not, and, if so, which of such docu- ments or classes of documents would be held privileged?

(4.) Generally.

Inasmuch as Mr. Rainsford is continually pressing the Secretary of State for an answer to his demand for production of documents, Mr. Chamberlain would be glad if you could favour him with your report at as early a date as convenient.

37608

I am, &c.,

H. BERTRAM COX.

COLONIAL OFFICE to Law OFFICERS.

(7) 26th

Oct.

GENTLEMEN,

Downing Street, October 29, 1901. Wrri reference to the letter from this Department of the 26th of October, I am directed by Mr. Secretary Chamberlain to transmit to you, for your information, a copy of a letter from the War Office as to the practice of that Department with regard to the production of copies of the minutes of the proceedings of Courts of Enquiry such (37608). as that held at Kintampo in the Northern Territories of the Gold Coast, upon the conduct of Mr. E. G. Rainsford.

I am, &c.,

38567

GENTLEMEN,

COLONIAL OFFICE to LAW OFFICERS.

H. BERTRAM COX.

Downing Street, November 4, 1901. WITH reference to the letter from this Department of the 26th October last, I am directed by Mr. Secretary Chamberlain to transmit, for your consideration, a letter 38567 received from Major Browne, the defendant in the action of Rainsford v. Browne, re- questing information as to the manner in which Mr. Rainsford became possessed of a telegram from Major Browne to Colonel Burroughs, and for information as to the nature of the charges made against Mr. Rainsford before the Executive Council upon which he was dismissed the Colonial Service.

2. A letter has been addressed to Major Browne requesting further particulars of the date and nature of the telegram referred to, and asking for a copy of the statement of claim. These documents, when received, will at once be submitted to you.

3. Mr. Chamberlain can only conjecture that Mr. Rainsford was allowed to make a copy of this telegram at the Gold Coast to enable him to prepare his defence before the Executive Council.

• No. 200 in Vol. V.