TNAG-0599-FCO40-747-Capital-punishment-in-Dependent-Territories-1977 — Page 16

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CONFIDENTIAL Weal

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CAPITAL PUNISHMENT: BERMUDA

Mag

1.

The Secretary of State has agreed that the Creech Jones formula for dealing with the prerogative of mercy in capital cases in the dependencies should be abrogated. The approval of the other members of the Defence and Oversea Policy Committee is

awaited and I now understand that Ministers will probably consider Flag B 59 the Secretary of State's DOP paper on 27 July. A submission to

The Queen and telegrams to the Governors concerned will there- after be necessary before the new policy can be announced. It is therefore clear that an announcement by means of a Written Parliamentary Question and Answer could not be made until Parliament resumes in mid-October. Mr Rowlands has directed my department to consider how any petitions for the exercise of the prerogative of mercy should be handled before a statement to Parliament is made (paragraph 5 of his minute of 1 July to the Secretary of State).

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44

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2. I have just heard that Counsel for Mr Tacklyn in Bermuda have lodged a petition with the Privy Council asking for leave to appeal against conviction and/or sentence in his case. The Privy Council will not consider the case before October. The Acting Governor of Bermuda has said that there will be a stay of execution for both the Burrows and Tacklyn cases until the application has been considered. Mr Rowlands will be aware also that, following his intervention with Mr Price, the local Prerogative of Mercy Committee in Belize is expected to advise the Governor to exercise his prerogative in the Jones' case. Under these circumstances it now seems unlikely that a petition

to The Queen in respect of any of the three current cases can be submitted before a parliamentary statement is made (this on the assumption that the DOP will concur in the Secretary of State's recommentation).

CONFIDENTIAL