(258)
GPS 35%
EDIATE
CYPHER CAT A
FM HAMILTON 3022302
CONFIENTIAL AND PERSONAL
CONFIDENTIAL HKG 3867.
RECEIVED MY DIA
- 5 DEC 1977
DESK OFFICER INDEX
No
0.51
V KECISENY
*ction Taken
ве
TO IMMEDIATE FCO TELEGRAM NUMBER PERSONAL 39 OF 30 NOVEMBER 1977.
YOUR TELNO PERSONAL 38
219
EXECUTIONS.
1. AS ALREADY EXPLAINED (TELEPHONE CONVERSATION SULLIVAN/ LLOYD AND COLLETT) THE JURORS ACT HERE PROVIDES FOR A REVISING TRIBUNAL
TO CERTIFY THAT PERSONS QUALIFIED FOR JURY SERVICE ARE FIT TO
SERVE. THAT TRIBUNAL ALSO AT THE SAME TIME NOTES WHICH OF THE
PERSONS CERTIFIED FIT FOR SERVICE WOULD BE QUALIFIED TO SERVE
ON A SPECIAL JURY. THE QUALIFICATION NECESSARY IS ABILITY TO
FOLLOW A COMPLICATED CASE.
2.
ONLY A JUDGE MAY ORDER THAT A PARTICULAR CASE SHALL BE TRIED
BY A SPECIAL JURY.
3. ONE OF THE POINTS MADE BY THE DEFENCE WHEN TACKLYN APPEALED
TO THE COURT OF APPEAL (AND AGAIN WHEN HE APPLIED FOR
LEAVE TO APPEAL TO THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL)
WAS THAT THE CHIEF JUSTICE ERRED IN ORDERING A SPECIAL JURY IN THE
SHOPPING CENTRE MURDERS CASE. BOTH THE APPEAL AND THE APPLICATION
FAILED. MRS BROWNE-EVANS HAS, NEVERTHELESS, TODAY SENT A NOTICE
OF MOTION TO THE SUPREME COURT, RAISING THE POINT AGAIN. SHE HAS ALSO WRITTEN TO ME, ASKING THAT THE EXECUTION BE STAYED SOT THAT THE MCTION MAY BE HEARD BY THE COURT. I HAVE REPLIED, SAYING THAT, IN VIEW OF THE FACT THAT ALL THE MATTERS SHE SEEKS TO RAISE HAVE BEEN RAISED BEFORE, IT WOULD NOT AT THIS STAGE BE APPROPRIATE FOR ME TO TAKE ANY ACTION UNLESS SO ORDERED BY
A COURT.
4.
PARAGRAPH 2 OF YOUR TELEGRAM IS COVERED IN M I P T.
CONFIDENSIAL.
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