TNAG-0604-FCO40-752-Capital-punishment-in-Dependent-Territories-1977 — Page 15

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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CONFIDENTIAL

appeals from Mrs. Browne-Evans for a stay of execution, he reported "I therefore consulted the Premier (who in turn sought the opinions of some of his colleagues) and the Deputy Governor as well as the Attorney-General before reaching a decision. They all considered that racial harmony, respect for law and order generally, and the security situation would suffer more if a stay of execution were granted. This opinion was very much in the face of the last minute scenes. In the Governor's view, it was unreasonable to quote in the fifth substantive paragraph of the Parliamentary statement as if it had been his considered judgement all the previous week.

COMMENTARY ON SECTION II

It has already been pointed out in FCO telegram Personal 40 to Hamilton that we failed to get the draft statement to the Governor before it was made, let alone to consult him on its terms.

But the nub of the matter is that the general impression amongst government circles in Bermuda, and indeed amongst thinking people in the island generally, was that the whole thrust of the statement in Parliament and the replies to supplementaries was to place firmly on the Governor the onus for the decision to carry out the executions. The Premier put some of this feeling (admittedly at that time on the strength of having seen only the Reuter report) in his message to the Secretary of State (FCO altele telegram 2270 to UKREP Brussels).

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In subsequent conversation with the Governor he was even more outspoken on this theme and said that some of his Ministerial colleagues felt that the Governor's position was being made so difficult politically that he might wish to resign.

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As the Governor has reported in paragraph 10 of his telegram Personal No. 49 the Premier is not content with the Secretary of State's reply (FCO telegram No. 246 to Hamilton), but the Governor believes that he has persuaded him not to take the matter up again, at any rate for the time being. But the political damage remains. The Governor's potential to work for gradual and sensible evolution in Bermuda has been prejudiced by the effect on the Opposition of

(a) the revelation that he was consulted and that he confirmed

the death sentences;

(a)

the general tone of the Parliamentary exchanges on 5 December; the rejection on the night of 1/2 December of Mrs. Browne-Evans' appeals for a stay of execution;

a possible dispute over whether or not the Governor could have "overruled" The Queen's decision not to reprieve.

As regards (c) above, on the night of 1/2 December, Mrs. Browne-Evans first made another appeal to the Supreme Court. This was rejected. She then went to the Court of Appeal which happened to be in Bermuda. The appeal was rejected. She then asked the Governor to stay the execution of Tacklyn while she again applied to the Privy Council for leave to appeal. It was at this point that the Governor had to make his own decision, advised by his Ministers.

CONFIDENTIAL

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