The Guardian from London, Greater London, England • 37

THE GUARDIAN Friday July 5 1991 PERSONAL 37 Obituary: David Howarth Law Report Secret! 0617 off An exercise in individual rights a stioin tteDOeir House of Lords refugees, most of them on the Nicholls appealed to the House of Lords. those who remember her May O'Brien was 'a fine old cockney lady' photograph: carlos guarita AVID HOWARTH, sailor and historian, has died at Hailsham at the age of 78. He read physics and mathematics at Cambridge and got his first job as assistant to James Logie Baird, the inventor of television. This led him on to work for the BBC, for which he and Richard Dimbleby were the first two war correspondents. He reported the catastrophe at Dunkirk in France in 1940, escaped safely to England, and was commissioned into the Royal Naval Volunteer Reserve.

He knew a lot about small boats and something of Norway, where he had spent many pre-war holidays; the Admiralty found him an appropriate niche. In the spring of 1941 he was sent to the Shetland Islands to prepare, under an army major, a secret naval service: the running of fishing boats to and from the Norwegian coast. The crews, like the boats, were Norwegian; the planning and support were British. This was not only an inter-service and an international venture, it was also an inter-secret service one. Both the secret intelligence service and the Special Operations Executive the sabotage organisation used it to send agents in both directions.

Fishing boats made 59 successful two-way trips out of 94 attempted from 1941 to 1943; at a cost of eight boats and the lives of 50 men. American submarine-chasers, provided by the generosity of Admiral Nimitz, then took over and carried out 94 more successful trips without casualties. More than 200 secret agents and more than 250 tons of war stores were transported to Norway; 72 agents were brought out, and with them some 350 Letters Life and soul of the party: for May O'Brien A song for Mother May Ed Emery writes: Mother May died this week. She wasn't anyone rich or famous, but she had a special place in the hearts of all who knew her. She was the most wonderful woman you could hope to meet.

Two We're gathered here together, on a very special day Because last Wednesday or maybe it was Tuesday Was the birthday of Mother May. She was actually invited to the Palace today, But we didn't want to lose her So we've kidnapped her, shanghaied her, stuck her aboard And brought her by boat to this boozer. She's drunk in every pub, she says, In London's old East End. There isn't a bar, either near or far, Where she won't find a friend. She likes a whiskey and lemonade, And Mr Guinness's beer, Which she's been drinking, not a word of a lie, For all of fifty years.

Now there's a little fact, which I would like to mention I reckon that Mr Guinness owes Mother May a pension! She's a friend to all who are down on their luck, Be they black or be they white; She knows it's only the working class That will set the world to rights. Be you English or Scottish or Irish, There's a welcome at her door. If you haven't a penny, she'll give what she's got 'Cos she knows what it's like to be poor. They call her the Queen of the Squatters, And she's marched for many a cause She's a diamond, an ace, the Queen of our Hearts, And just before I pause say She's a fine old lady, And may she live for many's the day. So let's raise our glasses and drink a toast To good old Mother May.

She's a fine old lady, And if you'll let me have I'll sing you a song of the Of good old Mother May. There were people we were expecting here, But sadly they missed the boat Magnetism of the mentor There was Patrick McGinty, But he had to look after bis goat There was Danny Boy, and the Spaniard Who Blighted My Life And the Earl of Devon, the Ancient Briton, And the Duke of Edinburgh's wife. But there's Burns's and Finns and Houlihans, And of course O'Briens large and small, And squatters and claimants and all of her friends, I wish I could name them all. Heather and Tim Owen write: Ray Selden (obituary, June 27) taught us both when we were students at Portsmouth Polytechnic in the late sixties. We remember him with great affection as an engaging and amusing teacher who wore his considerable scholarship lightly.

His marvellous sense of the fun of literature came out in some very unexpected ways. He was an Anglo-Indian, and he chose his English name in honour of John Selden, who was immortalised in a throwaway line in Aubrey's deliciously slanderous Brief Lives: "John Selden one of the greatest critics of his time. got more by his prick than his practice." K.J. Clarke writes: It was disappointing, though perhaps not altogether surprising, to find no mention of Maurice Barley's long connection with the Workers Educational Association in Regina Brentwood Jus tices, ex parte Nicnolls Before Lord Keith of Kinkel, Lord Brandon of Oakbrook, Lord Templeman, Lord Griffiths and Lord Oliver July 4 1991 IN A situation when several people who are charged jointly with an offence have to elect whether to consent to being tried summarily by the magistrates' court or whether to elect jury trial, each accused person has a right to make an election. A collective decision by all those charged is not required and the result of each individual person's election is not intended to be affected because his co-accused has elected differently.

The facts Nicholls and two others, Carr and Willbourne, were jointly charged with affray contrary to section 3 (1) of the Public Order Act 1986. Affray is an offence that can be tried either summarily by magistrates or on indictment by a jury. Nicholls and his co-accused first appeared before Brentwood Justices who in their deliberations considered the nature, circumstances and seriousness of the offence. The justices also considered their own powers of punishment and concluded that the offence appeared to them to be more suitable for summary trial by them than for trial on indictment. When a court considers that an offence is more suitable for summary trial, section 20 (2) of the Magistrates' Courts Act 1980 requires the court to ex plain matters to the accused in ordinary language, and to ask him if he consents to be tried summarily or if he wishes to be tried by a jury.

section (3) ot tne i9u Act provides that "(a) if he consents to be tried summarily the court shall proceed to the sum mary trial of the information; (b) if he does not so consent, the court shall proceed to in quire into the information as examining justices" hearing committal proceedings. Nicholls and Carr consented to summary trial, but Willsher did not. The justices then considered the position and decided that they would not conduct a sum mary trial even of the two who had consented. The case was adjourned for committal proceedings to take place at a later date. Nicholls applied for judicial review of the justices' decision not to try him summarily.

The Divisional Court dis missed Nicholls' application on the grounds that section 20 (3) of the 1980 Act must be construed in accordance with section 6(c) of Interpretation Act 1978 which states: "In any Act, unless the contrary intention appears, words in the singular include the plural and words in the plural include the singular." LA CAPTIVE DU DESERT IPG) Renoir, Brunswick Square, WC1 (071-837 8402). CITIZEN KANE (U). Curzon Phoenix, Charing Cross Rd, WC2 (071-240 9661). CLASS ACTION (15). Plaza, Lower Regent Street, SW1 (071-930 0144CC 240 7200).

Richmond Filmhouse. TW9 (081-332 0030). CYRANO DE BERGERAC (U). Cannon Premiere, Swiss Centra, W1 (071 -4372096). Cannon Piccadilly.

W1 (071-437 3561). DANCES WITH WOLVES (12). Cannon Tottenham Court Road, W1 (071-6366148). Cannon Fulham Road, SW10 (071-370 2636CC 373 6990). Plaza, Lower Regent Street, SW1 (071 -930 0144CC 240 7200).

Warner West End, Leicester Square, WC2 (071-439 0791cc 494 3001). DEFENDING YOUR LIFE (PG). Curzon West End, Shaftesbury Avenue, W1 (071-4394805). Screen on the Hill, Haverstock HHI, NW3 (071-435-3368). THE DOORS (18).

Cannon Oxford Street, W1 (071-636 0310). Cannon Panton Street, SW1 (071-9300631). FOR FAKE ICA Cinema. The Mall. SW1 (071-930 3647).

LA GLOIRE DE MON PERE (U). Lumiere, St Martin's Lane, WC2 (071-379 3014CC 836 0691). GREEN CARD (12). Odeon Mezzanine, Leicester Square, WC2 (071-8391929). Cannon Oxford Streot, Wt (071-636 0310).

GUILTY BY SUSPICION (15). Phoenix Cinema, N2 (081-883 2233). Cannon Shaftesbury Avenue, WC2 (071-836 6279cc 836 8861). THE HAIRDRESSER'S HUSBAND (15). Camden Plaza, Camden High Street.

NW1 (071-4852443). Chelsea Cinema, King's Road, SW3 (071-351 3742). Gate Nottlng Hill, W11 (071-727 4043). Metro, Rupert Street. VV1 (071-4370757).

HAMLET (U). Cannon Haymarket, SW1 (071-839 1527). Odeon Mezzanine, Leicester Square, WC2 (071-839 1929). JULES ET JIM (PG). Cannon Premiere, Swiss Centre, W1 (071-437 2096).

THE KINO OF NEW YORK (18), Cannon Oxford Street, W1 (071-8360310). Cannon Panton Street, SW1 (071-930 0631). A KISS BEFORE DYING (18). Cannon Fulham Road, SW10 (071-370 2636cc 373 6990). Camden Parkway, NW1 (071-267 7034).

Plaza. Lower Regent Street. SW1 (071-930 0144CC 240 7200). UCI Whlteleys, W2 (071-792 3332CC 792 3324). LA.

STORY (15). Cannon Fulham Road, SW10 (071-370 2636cc 373 6990). Cannon Haymarket, SW1 (071-839 1527). Cannon Oxford Street. W1 (071-638 0310).

UCI Whlteleys, W2 (071-792 3332CC 792 3324). LAWRENCE OF ARABIA (PG). Prince Charles. Leicester Place, WC2 (071- 4378181). MERMAIDS (15).

Cannon Piccadilly. W1 (071-4373561). Cannon Chelsea, SW3 (071-352 5096). Odeon High Street Kensington, W8 (0426- 914668CC 602 5193). UCI Whlteleys, W2 (071 -792 3332CC 792 3324).

Warner West End, Leicester Square, WC2 run from the Gestapo. Howarth, who ended the war as a lieutenant-commander, cleared all these trips with all the authorities, secret and others. He also took great pains to help and look after as many of the needs of the crews and refugees as he could. In Norway the missions orga nised by Howarth were known affectionately as "taking the Shetland After the war Howarth stayed in Shetland he had married Nannette, a local girl and they had six children. He wrestled for five years with a small boatbuilding business.

While he did so, he wrote about his and his friends' war experiences. He called the resulting book The Shetland Bus (1951). It was widely read and became an instant classic it continues in print to this day. David Howarth had that enviable, gift of being unable to write a dull sentence and he had plenty of tales to tell of courage tar beyond the call of duty. Thereafter, he worked as a self-taught historian.

He used to say that he had been taught no history after the age of 13, but he learned plenty. He wrote on the Norman Conquest of England, the Spanish Armada, Trafalgar, Waterloo, the Greek War of Independence and (in Dawn Of D-day), an account of the Normandy landings. All his books were clear, com-mon-sensical and exciting. Despite his celebrity status Howarth remained a shy, withdrawn figure, not making any show in the London literary scene. In 1981 he remarried Joanna White, who survives him.

M.R.D. Foot David Armine Howarth born July 18, 1912; died July 2, 1991 John Smith's obituary (June 26). It was more surprising that Philip Dixon in his letter (June 28) failed to mention his great work as a tutor of countless WEA courses over many years with the East Midland District. In his-courses Maurice Barley encouraged everyone to believe that their views and opinions were as worthy as his own and he opened the doors of further education to hundreds of students and led them into realms of discovery that they had never dreamed existed. On a history field trip in a field near Newark, about 25 years ago, he persuaded the 20 students there to commit themselves to a three-year tutorial history course.

It says much for the magnetism of the man and his belief in the educational needs of the common man, that he retained the interest of all those students over the three years. 10 Fabric with crinkled surface (10). 12 Intensely illuminated (8). 13 Norm or banner (8). 16 Servant or bill presenter (6).

18 Craving (4). 19 Jerusalem or Israel (4). Solution No. 6,613 BjE8TgFBIDU0T HEnMUBHQgLHTn tIhIiIrIsItI jTlAjoJolRlEl gibiaIpIeisioifiwihiaitihI The decision Lord Keith said that if the plural were substituted for the singular in section 20 (3), it would appear that where there were more than one accused person the required question would have to be put them collectively and answered by them collectively. If all the accused either consented or did not consent to summary trial then paragraphs (a) and (b) of section 20 (3) would be capable of being applied.

But if there was no collective response the mere fact that the plural had been substituted for the singular would not lead to the result that paragraph (b) was applicable. Lord Keith said that in any event a consideration of the whole fasciculus of sections 18 to 25 of the 1980 Act must lead properly to the conclusion that it was Parliament's intention that the election required by section 20 (3) should be by each accused individually and not by a collective election where there was more than one accused person. Section 18 (1) of the 1980 Act states that sections 19 to 23 "shall have effect where a person who has attained the age of 17 years appears or is brought before a magistrates' court on an information charging him with an offence triable either Section 18 (1) was directed to the position of the individual accused and there was no need to import the plural to give it full effect. It was also quite apparent that sections 22 (5) and (6), 23 (4) of the 1980 Act could have reference only to an accused person individually and not to accused persons collectively. It was an irresistible conclusion that in section 20 (3) the right of election was given to each accused individually and that the result of it was not to be affected by the nature of any different election made by any of his co-accused.

The point of law of general public importance certified by the Divisional Court for the House of Lords was: "Where more than one defendant is jointly charged with an offence and the magistrates consider the. case suitable for summary trial, whether if one defendant elects to be tried on indictment, there is in consequence no consent to the offence being tried summarily so that all the defendants, including those who have elected to be tried summarily must be tried on indictment." That question must be answered in the negative. The appeal was unanimously allowed. Appearances: Michael Hill OP and Michael wooa instructed by Gepp Sons for Nicholls; Michael Kalisher QC and Andrew Williams instructed by the Crown Prosecution Service for the justices. Shlranikha Herbert barrister (071-439 0791CC 494 3001).

MISERY (18). Cannon Panton Street, SW1 (071-930 0631). Odeon High Street Kensington, WB (0426-914666cc 602 5193). Odeon Mezzanine, Leicester Square, WC2 (071-839 1929). UCI Whlteleys, W2 (071-792 3332cc 792 3324).

NAKED GUN 2 12 (12). Cannon Baker Street, NW1 (071-935 9772). Cannon Fulham Road, SW10 (071-370 2636CC 373 6990). Empire Leicester Square, WC2 (071-437 1234cc 240 7200). UCI Whlteleys, W2 (071-792 3332cc 792 3324).

NAVY SEALS (15). Warner West End, Leicester Square, WC2 (071-439 0791cc 494 3001). NIGHT SUN (12). Rio Cinema. EB (071-254 6677).

NOITRE (15). Minema, Knightsbridge, SW1 (071-235 4225). NOT WITHOUT MY DAUGHTER (12). Cannon Fulham Road, SW10 (071-370 2636CC 373 6990). Cannon Shaftesbury Avenue, WC2 (071-838 6279cc 836 8861).

Plaza, Lower Regent Street. SW1 (071-930 0144cc 240 7200). THE POPE MUST DIE (15). Odeon High Street Kensington, W8 (0426- 914666cc 602 5193). Odeon West End, Leicester Square, WC2 (071-930 5252cc 930 7615).

UCI Whlteleys, W2 (071-792 3332cc 792 3324). IN THE REALM OF THE SENSES (18). Metro, Rupert Street, W1 (071-437 0757). Rio Cinema, EB (071-2546677). RIFF-RAFF (15).

Cannon Tottenham Court Road, W1 (071-6366148). Screen on Baker Street. W1 (071-935 2772). ROSENCRANTZ AND GUILDENSTERN ARE DEAD (PG). Barbican Cinema, Silk Street, EC2 (071-638 8891).

Renoir, Brunswick Square, WC1 (071-837 8402). THE SILENCE OF THE LAMBS (18). Camden Parkway, NW1 (071-2677034). Cannon Baker Street, NW1 (071-935 9772). Cannon Chelsea, SW3 (071-352 5096).

Nottlng Hill Coronet, W11 (071-727 6705). Odeon High Street Kensington, W8 (0426-914666cc 602 5193). Odeon Leicester Square, WC2 (071-930 3232). Odeon Marble Arch, W2 (0426-914501cc 7238072). Ritzy Cinema, SW2 (071-737 2121).

Screen on the Green, Upper Street, N1 (071-2263520). UCI Whlteleys, W2 (071-792 3332cc 792 3324). SLEEPING WITH THE ENEMY (15). Cannon Chelsea, SW3 (071-352 5096). Screen on Baker Street, W1 (071-935 2772).

Warner West End, Leicester Square, WC2 (071-439 0791cc 494 3001). THESE FOOUSH THINGS (PG). Curzon Mayfair, Curzon Street, W1 (071-465 8885). TOO HOT TO HANDLE (15). Cannon Haymarket.

SW1 (071-839 1527). Cannon Chelsea, SW3 (071-352 5096). Cannon Tottenham Court Road. W1 (071-6366148). Odeon Mezzanine, Leicester Square, WC2 (071-839 1929).

Odeon Htah Street Kensington. W8 (0426- 914666cc 6025193). uci wniteieys, wz (uwsre 333200 3324). Warner West End, Leicester Square, WC2 (071 -439 0791cc 494 3001). WHERE ANGELS FEAR TO TREAD (PG).

Odeon Haymarket, SW1 (071-839 7697). Today's Quick Crossword No. 6,814 fc? H0UIP05S HBCUWS YtMBUi! AMBX- months ago we organised a big party for what she thought was her 70th birthday (it turned out she was 69), and this is the song we sang her. The life and times of a fine old cockney lady who deserves to be remembered. my say, life and times Another Day Florence, July 5, 1926: In the real summer I always lose interest in literature and publications.

The cicadas rattle away all day in the trees, the girls sing, cutting the corn with sickles, the sheaves of wheat lie all the afternoon like people dead asleep in the heat piu non si frega. I don't feel like work, except at an occasional scrap of an article. I don't feel much like doing a book of any sort. Why do any more books? There are so many, and such a small de 9.45 US Top Ten 10.0 China O'Brien (1SS9). Martial arts violence with Cynthia Rothrock.

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BY GARRY TRUDEAU and Monsters. 6.02 World Sport Special. MO Copa America 1991. 7.02 European Rallycross. BM Go.

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7.0 8.0 Wimbledon Update. 2.02 Live PGA European Goll Tour. 8.02 Live PGA European Goll Tour. 44)2 World Badminton Championships. 6.02 Stop Mud Death Bimal Matilal, the Sanskrit scholar and teacher, who has died aged 56, was a master of both Western and Indian logic.

His ability to combine rigorous Western analytic methods and traditional Indian learning made him a formidable critic. Born near Calcutta into a poor but educated family, he studied Sanskrit and Indian philosophy at the city's university and went to Harvard to complete his doctorate. Appointed Spal ding Professor of Eastern Religion and Ethics at Oxford. Doonesbury MA'AM, L6T MB SHOW YOU WHY THE KURDS ARB SO TBRRIFIEV. THIS IS AN OFFICIAL MAP OF IRAQ IN 1973...

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