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the Caymans and BVI is clearly very strong but less so in the Turks and Caicos. I enclose copies of the relevant telegrams on this and refer also to the exchange of correspondence between Mr Stewart (24.11.77) and Governor of BVI (15.12.77).
6.
Capital punishment also exists in Anguilla, but due to its anomalous constitutional position, Anguilla was not included in this exercise.
7. In view of the Governors' reports on local opinion over this matter, I do not think it likely that there would be favourable reaction to a further circular to Governors urging local governments once again to reconsider the abolition of the death penalty. Such an appeal would, I believe, result in the local legislatures refusing to reconsider the matter and lead to undesirable deadlock. Since we are unable constitutionally to veto or control judicial matters in DTs, including the exercise of the prerogative of mercy, we cannot in such circumstances, and having due regard to the Creech Jones doctrine, prevent death sentences being carried out unless there are good grounds for the Secretary of State to recommend commutation of sentence. Therefore, if we wish in the interests of local security to take the line suggested by Mr Cortazzi in sub-para 1(b) of his minute, we will need to seek a remedy at this end, and to do so we need to consider the alternative means which feature in the exercise started earlier this year with DOP paper DOP (77) 19 of 15.7.77, which was later followed by your submission of 11.10.77.
A-C
9 January 1978
Mal
DK H Daxe
West Indian and Atlantic Department K223
4954
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