TNAG-0720-FCO40-918-Capital-punishment-in-the-Dependent-Territories-1978 — Page 43

341/1/16 I hope thus, afinally, we might be able to steng the

The Cowenor, whom me kuns colind Stray Dierss

he hay to go capital finiment. 5/1

Mr Murray

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CONFIDENTI AL

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CAPITAL PUNISHMENT: SYLVESTER GASTON

BRITISH Para 7. Weshold.

ISLANDS

ля

Flag A 1. In my submission of 28 November I stated that there was the

208

Flag B

209

91

713

likelihood of a confirmed death sentence in the British Virginwate A young St Lucian, Sylvester Gaston, was convicted of wa

Islands.

the murder of a well-liked and respected resident of Tortola, a lady

of 67. The accused, who has never denied the killing, entered the

lady's shop as a customer, placed a rope around her neck and stabbed her repeatedly. feeling.

The case has raised considerable local

2. The Secretary of State, commenting on my submission of 28 November, said that he suspected that Gaston is certifiable and requested expert psychiatric advice. This comment was stimulated by a newspaper report on the case, which recorded the view of a

Dr Mahey that Gaston was mentally retarded. The Governor subsequently telegraphed that Dr Mahey, who was a witness for the defence, did not submit a written medical report. His evidence was in conflict with that of the prosecuting medical witness. The Governor has said that if the appeal is dismissed he will have

Gaston examined and reported upon by a panel of doctors including

a psychiatrist.

3. Gaston's appeal was dismissed on 16 January. We were informed on 19 January that Gaston intends to petition the Judicial Committee of the Privy Council for leave to appeal against the

death sentence.

4. When Gaston's solicitors' London agents have received all the necessary papers they will have three weeks to lodge the Petition with the Privy Council. The Petition can be heard any time after ten days from the date of lodging. The solicitors in

Forma Pauperis cases such as this, however, often request an extension of time in which to lodge the Petition and we usually

agree.

RECEIV

нка 3861

- 8 FEB 1978

DESK OFFIOL INDEX

YES

PA

све

5.51

REGISTRY

Action Taken

&L

CONFIDENTIAL