TNAG-0721-FCO40-919-Capital-punishment-in-the-Dependent-Territories-1978 — Page 120

156

His Excellency

PERSONAL AND CONFIDENTIAL

Foreign and Commonwealth Office

London SW1A 2AH

The Hon Sir Peter Ramsbotham, GCVO, GCMG

Government House

Hamilton Bermuda

!

BERMUDA:

In Quites R1072.

оубий Jasper Jeles

1mm [ws/2

CAPITAL CASES

HKG 380/1

9 February 1978. )

of Sir Ian Sinclair

M JAB Stewart- Mr P C Duff

*DY 30. 51

13 FEB 1978

DESK OFFICER

INDEX

No

PA

E

REGISTRY [Action Take

все

168

t

1. In the course of your talk with Ian Sinclair and myself on 7 February, you mentioned that an application was made to the Court of Appeal on behalf of Tacklyn very shortly before the time fixed for his and 'Burrows' execution, which, as the Court was " present in Bermuda at the time, they were able to dispose of with great expedition. You also mentioned that Tacklyn's advisers wanted a stay of execution in order to petition Her Majesty for special leave to appeal to the Judicial Committee against the decision of the Court of Appeal.

2. The case had previously been before the Court of Appeal on appeal from the trial court and an application for special leave to appeal to Her Majesty from the decision of the Court of Appeal had been dismissed by the Judicial Committee.

3.

You had I think gathered from the Attorney-General that the last-minute application to the Court of Appeal was possible because of some loophole in the law. Without presuming to form an opinion as to the feasibility of changing the law in this way, I ventured to wonder whether consideration might be given by your advisers to closing the loophole. (If I see Michael Hogan I will ask him to explain it to me and see if he has any personal views on the matter.)

4. Since it is undesirable that the interval between sentence and execution should be prolonged unnecessarily, rules exist in each territory based on Mr Oliver Stanley's circular despatch of 18 July 1944, as revised in accordance with circulars 25/69 of 21 February 1969, 32/70 of 7 May 1970 and 68/70 of 1 December 1970, and no doubt the rules made for Bermuda were observed when Tacklyn's advisers first intimated their intention of petitioning Her Majesty for special leave. Had it been necessary, the execution would have been postponed, but I believe that in fact the execution date was not fixed until after the petition had been dismissed.

PERSONAL AND CONFIDENTIAL

/5.

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