TNAG-0723-FCO40-921-Capital-punishment-in-the-Dependent-Territories-1978 — Page 12

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

BERMUDA: THE CHESTERFIELD JOHNSON MURDER CASE

1.

On 11 July, Chesterfield Johnson, a black Bermudian, was found guilty of the murder last February of an eleven year old white schoolgirl. The victim had been strangled after being sexually assaulted. Johnson was sentenced to death. He has appealed against his conviction, and his appeal will be heard in early December.

2.

During the trial, an expert witness testified that Johnson had a mental age of eleven and the education of a five year old. It was also reported that he had a history of mental instability. Nonetheless, the defence did not try to claim that he was insane, and since the concept of diminished responsibility does not at present exist in Bermudian law, the Judge instructed the jury that, in reaching their verdict, they must ignore everything they had heard about Johnson's

mental state.

3. We do not know the grounds on which Johnson has appealed

against his conviction, and we have had no indication as to whether the appeal is likely to succeed. However, when the

Bermudian Premier discussed the case with Mr Cortazzi in June, he seemed to think that it would come before the Advisory Committee on the Prerogative of Mercy who were unlikely to recommend clemency. The decision would therefore rest with

the Governor. Mr Gibbon thought that, though a decision to

reprieve could lead to disturbances, these would be less

serious than those which would follow a decision to allow the

execution to take place, notwithstanding the considerable feeling that has been aroused in Bermuda by this case.

CONFIDENTIAL

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.