[19093/15 Erld Coast]
Copy of Minute by Sir George Fiddes, 21st May, 1915.
16
As I have said 20 times, I don't agree.
I don't recollect that my view has ever been upset :
viz. that the prerogative must be exercised solely
on the Gov's responsibility and that there would be
risk, amounting to certainty, of miscarriage of justice
if the S. of S. attempted to interfere. This has been
accepted when there was an attempt to get the S. of S.
to force the Gov. to reprieve a convicted murderer,
and à multo fortiori it should prevail when the Gov's
action is to commute the death penalty.
To write back and ask for Gov's reasons would
be an extremely bad precedent and would suggest the
'thin end of the wedge'.
It is quite true that Col. Reg. 13 prescribes
such a report; but it has been deservedly honoured
in the breach, and the antiquated provision might usefully
be deleted at the next revision of the Regns.
(Initld.) G.F.
21.5.15.
"N.B.
Si G. Fiddes was on Art. 11.5. of S. where this mininth was writtern. He became
Permanent U.S.gs.
in 1916)