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where somebody is not fluent. We have looked at all these statements and we see nothing in them which leads us to doubt the voluntariness of the statements from the inherent qualities of the statements.

Then it is said that all the detectives who were charged with

the responsibility for taking statements from these Appellants were in fact "instructed to take statements". All the Appellants were at that time under arrest. They had not in fact been charged and it seems doubtful

whether there was evidence which would have justified a charge at that

stage. It appears that what happened was the police had their suspicions

and had arrested them on suspicion. The learned judge commented on the

fact that there had been a breach of the Judges' Rules and we understand

that to mean that the Appellants had been questioned by the police, and asked to make statements, without their having first been cautioned.

This was wrong.

Nevertheless the learned judge was satisfied that the

Appellants were not in any way induced to make a statement by force or

threats. The Accused themselves alleged that they were actually treated

with violence and that, of course, was considered by the judge.

When a

police officer says that he was "instructed to take a statement" it may

well be that he means that he was instructed to ask the witness whether

he is prepared to make a statement and we are not necessarily to interpret

those words as meaning that a statement is. to be obtained at all costs.

In our view there is nothing to suggest that the police might have used

any form of violence other than that alleged by the Appellants, which

allegations were manifestly rejected by the judge. Attention is drawn to marks on the body of the third Appellant, which it is said are consistent

with his story. That is true but those rarks are not entirely inconsistent

with the evidence of the prosecution. Those injuries may have been obtained

in a number of ways: they could have been obtained in the affray which was

the subject of the charge: they could have been self-inflicted. It is not

for us at this stage to decide how the Accused came by these injuries.

The matter was before the judge and it was for him to decide. He, no

doubt, had regard to the fact that, whereas there were allegations of an

assault on the chest and there were marks on the chest, there was also

an allegation of an assault on the back and there were no marks of any

kind on the back, although the same weapon is said to have been used,

namely a stone.

There is then also the complaint that the third Appellant was

confronted by the second Appellant and by the allegations which had been

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