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CONFIDENTIAL
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death penalty as well as the views of advisory committees
set up in consultation with the local Government.
Miscarriage of Justice?
7. On the documentary evidence it would not be possible
for the Secretary of State to conclude that there has been a
gross miscarriage of justice. Quite clearly all the correct
legal procedures were followed and the evidence provided at the
trials supported the verdicts. Given the Acting Governor's
decision that the law should take its course, and the rejection
of leave to appeal, for the Secretary of State to consider any
other point than miscarriage of justice would mean in effect
abandoning the Creech Jones doctrine.
New Factors
8. There are two new factors in the situation:-
(a) A new Governor has been appointed and could be invited to
review the Acting Governor's previous decision.
(b) Certain Bermuda citizens have petitioned The Queen,
objecting to capital punishment and seeking a reprieve for the
two convicted men. This petition was signed by approximately
one-quarter of the adult population of Bermuda, which may be
thought to indicate that support for the death penalty in
Bermuda is less solid than was implied by the 5 to 1 majority
by which the Advisory Committee on the Prerogative of Mercy
decided against recommending the use of the Prerogative in
this case. On the other hand, the figures are not inconsistent
with the voting when the matter was last debated in the Bermuda
House of Assembly in July 1975: a motion to abolish the death
CONFIDENTIAL
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