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possibility that he might be in physical danger and further that his credibility with the Opposition People's Labour Party, who were opposed to the sentence and had petitioned against it, would be in jeopardy. In the draft statement prepared for the Secretary of State this point was taken in part and the words "had no alternative but to" were deleted from the sentence which originally read "I had no alternative but to advise Her Majesty that the law should take its course". In the draft finally approved by the Secretary of State the words "I had no alternative but" were reinserted. However, by a regrettable oversight the fact that the matter had been referred to the new Governor, which Sir ? Ramsbotham had asked should not be mentioned, was included in the draft.
(a) The Secretary of State's reply in the house to Mr Bidwell implied that the Governor could have overruled the Secratary of State in advising Her Majesty not to exercise the Prerogative, whereas the Attorney-General in Bermuda had confirmed that he could not so act. We have here a conflict of legal advice. Our Legal Advisers, during the period running up to the
executions, informed us that the Governor necessarily retained the right to stop the execution and commite the sentence right up to the last moment. The logic here was that some new fact concerning the case or the accuseds might come to notice at any time and that, although the Governor would normally consult with the Office under these circumstances, for example, a failure in communications could prevent any such communication; in which case obviously the Governor must retain the right to order at least a stay of execution. The Acting Governor in Bermuda has not grasped the fact that a decision not to exercise the Royal Prerogative is not an exercise of the Prerogative. (As far as telegram 211 is concerned, this was apparently dealt with by Private Office and was not seen by WIAD or HKD until after the executions had taken place).
(a) The Governor maintains that the Secretary of State's replies to Er Winterton and Mr Thorpe indicate that, although
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