TNAG-0722-FCO40-920-Capital-punishment-in-the-Dependent-Territories-1978 — Page 75

Your ref. Our ref. SP.21/01

(210

CONFIDENTIAL HK+C. Depr

We will need to discuss

with ihr jult wi

this reply the from ustan

Mr Quantu

ناتی کا عام

fu

17/00

GOVERNMENT HOUSE,

PLYMOUTH,

Good for Ir Jones! We clearly need have no

CC: WIAD

Mr. Carazzi PS

PSYPUS

(2247

Many stunt

7/6

MONTSERRAT, W.I.

26th May,

1978.

or the Greenaway case as long as he is in

charge.

worry over

Michael Palliser, Esq.,

Foreign & Commonwealth Office, London SW1 A 2AH.

Bear Sir Michael,

15736

CAPITAL PUNISHMENT IN THE DEPENDENT OVERSEAS TERRITORIES (DOTS)

Your letter of 4 April 1978 was awaiting my return from leave, the acting Governor having very properly decided to leave it to me to reply.

2.

Montserrat is unshakeably in favour of retaining the death sentence, as a deterrent not only to potential murderers but also to revengeful friends of the victims. In 1975 a

convicted murderer was reprieved against the advice of Executive Council. The ten Governor was able to do this in the lack of a Judge's report the trial judge fell dead the very evening he passed sentence. The Governor nevertheless was subjected to considerable odium.

3. Yet again we have a convicted murderer on our hands, an old man by the name of Greenaway having been convicted on 8 March on a capital charge. I have not yet seen the Judge's report and Greenaway has in any case appealed against the sentence. Failing any misdirections or non-directions with summing up, I do not see the Court of Appeal upsetting the decision. Once the legal process is exhausted Greenaway would undoubtedly petition me and I have little doubt that Executive Council would advise the sentence be carried out.

4. I would myself feel obliged to reject the advice on grounds of personal conscience and not in deference to any official policy. If the decision is in my personal dis- cretion (and I believe it is), then I would reprieve. This would probably provoke some public resentment but I would not expect it to give rise to civil disorder.

As I say, this would be a purely subjective decision on my part and I mention it at this stage lest the imminence of a case in Montserrat prejudice the broader consideration of putting HMG's policies into effect.

tka 38671

RECEIVED IN REDISTRY NO. 51

- 8 JUN 1978

DESK OFFICLA

INDEX

No

ce

REGISTRY

Action Taken

све

As ever,

влетвоте

(G.WYN JONES) Governor.

cs to montserrat bile ve. Greenaway CONFIDENTIAL

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