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5. If the Judicial Committee disallows the Petition to Appeal, Gaston's case will be considered by the local Committee on the
Prerogative of Mercy. If they are unable to recommend commutation, and if the Governor feels unable to go against their advice, Gaston may petition The Queen for Mercy.
6.
I have informed the Governor in a Personal letter that the
Secretary of State has indicated that he is determined that Gaston
should not hang and that it would be most satisfactory if this
could be achieved by a local decision. I have also suggested that Jamaica may agree to take Gaston should his sentence be commuted.
7. Following the trial, the Judge who tried Gaston recommended
that the capital sentence be commuted on the grounds that in his opinion the Jury were biased against the accused. The victim was a well-regarded local personality and Gaston was not from the
British Virgin Islands. The Governor fears that the Judge's recommendation may not be accepted by the Committee on the
Prerogative of Mercy.
www
8. I estimate that if as is likely leave to appeal is refused
by the Judicial Committee, the BVI Prerogative Committee will sit
in March. If the Prerogative Committee recommend that the law
should take its course and their advice is accepted by the Governor, we could expect a Petition to The Queen at the end of March. I recommend that urgent consideration be given to action being taken
on the recommendations made in Mr Murray's submission of 20 January. I recommend urgency so that the Secretary of State may have the benefit of Parliamentary and Ministerial opinion before the time when he may have to decide on what advice to offer The Queen.
advice
7.0.B. Steud.
A B Stewart
Hong Kong & General Dept
Aigne
26 January 1978
Cc:
PS/Lord Goronwy-Roberts PS/Mr Rowlands
PS/PUS
Mr Cortazzi
Sir A Duff
Mr Stephen
Mr Rushford
Legal Executive Branch
Mr Duff WIAD
2
Mr Wilson (Cabinet Off) CONFIDENTIAL News
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