3.
8. During the public debate that followed last December's executions in Bermuda, some critics of the Government's policy have cited the Nairn case in the Bahamas in 1969 as evidence
that the Creech-Jones policy has not always been followed. In this case, the Foreign and Commonwealth Secretary of the day took the view that it could be a miscarriage of justice to allow the accused to be executed, having regard to his mental condition. He was not able to convince the Governor of this,
but the Governor nonetheless decided that it would be inhumane
to allow the execution to take place because of the delay in carrying out the sentence. He therefore commuted the sentence. It follows that there was no breach of the Creech-Jones policy
in this case.
9. There are at present three capital cases under consider- ation in the dependent territories. These are at different stages. In only one of them, in Montserrat, has the accused's appeal been rejected. This case will be considered shortly by the Executive Council, acting as an Advisory Committee on the Prerogative of Mercy.