TNAG-0601-FCO40-749-Capital-punishment-in-Dependent-Territories-1977 — Page 21

PC Duff Esq

WIAD

FCO

PERSONAL AND CONFIDENTIAL

нка 38611

RECEIVED IN **CKSTRY NO. 51

18 NOV 1977

DESK OFFICER

INDEX

No

PA

REGISTAY [Action Tallu

ве

8 November 1977

CAPITAL PUNISHMENT

171

1. In my confidential telegram 105 of 2 November, I reported that the West Indies Court of Appeal would hear the appeal in the case of R v Sylvester Gaston (murder) on or about 11 January 1978. Since sending that telegram, Colin Mayhew has told me, during his visit here, that he understands that HMG is proposing to "go ahead" with measures to abolish capital punishment in dependent territories. It looks therefore as though an awkward situation might arise (or might not arise) sooner or later; and the purpose of this letter is to see whether either of us can do anything to reduce the risk of trouble arising here in this matter.

2. In the case R v Sylvester Gaston, the victim was a 57 year old woman, well-liked and respected resident of East End, Tortola. The accused, a Saint Lucian, who has never denied the killing, believed (or says he does) that the victim had falsely accused him of stealing; he went to her shop one morning, put a rope round her neck and stabbed her twelve or fifteen times. As you would expect, the case has aroused considerable local feeling and it is significant that the jury, after hearing over 30 witnesses, took only 20 minutes to reach a verdict. It is not of course possible to say how the appeal will go but it seems likely that it will be unsuccessful. What is more certain is that if the appeal is dismissed and the case goes to the Advisory Committee on the Prerogative of Mercy, a majority of the Committee will advise that the law should take its course. At this stage, of course, I can not anticipate in any way what my own decision might be.

3. As to the situations which might arise between now and mid-January, the worst situation, in my view, would be for expectation to build up among the local population that the law wild take its course; and then to find, suddenly, that it will not. It will be bad enough if this situation arises as a result of a decision of mine to commute; it might be worse however if it arises, without warning (and especially if it arises after the appeal has been dismissed, if it is dismissed) as a result of HMG's decision to abolish capital punishment in the dependent territories.

PERSONAL AND CONFIDENTIAL

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