TNAG-0720-FCO40-918-Capital-punishment-in-the-Dependent-Territories-1978 — Page 11

PERSONAL & CONFIDENTIAL

127

2200

1977

HE Mr W W Wallace CBE DSC TORTOLA

CAPITAL PUNISHMENT

HKC 386/1

RECEIVER

27 January 1978

BY BO. 51

30 JAN 1978

DESK OFFICER

INDEX

Nis

PA

RECISTRY Action Tale

IT &

(1)

1.

Thank you for your telegrams of 19 January telling us that Sylvester Gaston has sought leave to appeal to the Privy Council. Please continue to keep us informed of developments in this case as they occur.

2.

On 24 November I wrote to you, and separately to all the other Governors of Dependent Territories where capital punishment is still retained, bringing you up to date on the deliberations that had been taking place here. At the time we thought that further consideration of our policy towards capital punishment in the Dependent Territories might have to wait until the Gaston case was out of the way. However, one result of the executions in Bermuda in December is that Ministers are determined to do what they can to prevent any further executions taking place.

3. We have now submitted to the Secretary of State suggesting that he propose to his Cabinet colleagues that the question should be brought before Parliament without delay. The object- ive will be, if not to abolish capital punishment in the Dependent Territories (and it looks as if that is not something that could be done very quickly because of the difficulty of finding Parliamentary time for any necessary legislation

at least to take steps to suspend the Creech-Jones doctrine. This will give the Secretary of State the power to advise The Queen on the exercise of her prerogative of mercy taking account of all the relevant circumstances of a case, and not just, as at present, confine himself to considering whether or not there is any possibility of a miscarriage of justice. We shall continue to keep you informed of developments.

4.

In the meantime, to keep you abreast of Government thinking on the subject, I am enclosing copies of

(a) the statement by the Secretary of State in the House of Commons on 5 December on the Bermuda case, and the supplementaries which followed it;

PERSONAL & CONFIDENTIAL