TNAG-0601-FCO40-749-Capital-punishment-in-Dependent-Territories-1977 — Page 4

HKG 380/1

PERSONAL & CONFIDENTIAL

HE Mr W W Wallace CBE DSC TORTOLA

24 November 1977

HKC 3861

RECEIVE

DAY KO. 51

25 NOV 1977

200

96

103)

CAPITAL PUNISHMENT

1.

BRIDEX

No

29/m

hedon T

187

Thank you for sending me a copy of your letter of 8 November to Patrick Duff. We found it particularly useful to have your views on the likely outcome of Gaston's appeal.

2. You will be aware from past correspondence resting with FCO telegram number Personal 76 to Belmopan and your reply telegram number 19 of 12 August, that the question of abolishing the death penalty in dependent territories has been under discussion here in London. You may also know that two murderers are under sentence of death in Bermuda. The conclusion reached by the Cabinet Committee who have been considering this problem was that it would be wrong to change the "Creech-Jones" doctrine at a time when a particular case was under consideration, lest it be thought that the policy was being changed simply for the purpose of being able to intervene in that case. Accordingly, the Secretary of State, having satisfied himself that there had been no miscarriage of justice, was left with no alternative but to recommend to The Queen that she should not intervene to stop the law taking its course in Bermuda.

3.

Ministers did agree on the desirability of an eventual change in the present policy and are proposing to return to the subject once the Bermuda case is out of the way. However, in view of what you say it looks as if we shall have to delay further consideration of the general policy question until the Gaston case too has fully run its course. The only circumstance in which we might have to act earlier would be if reaction to the decision in the Bermuda cases were such as to compel an immediate reconsideration of policy: we shall let you know immediately if that looks like happening. Otherwise you should proceed with the Gaston case on the assumption that nothing will be done in London to interfere with whatever conclusion is reached locally.

4. I note that you refer to the "risk of trouble raising" if the UK Government decided to take steps to abolish capital

PERSONAL & CONFIDENTIAL