TNAG-0723-FCO40-921-Capital-punishment-in-the-Dependent-Territories-1978 — Page 17

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(A)

ITS SCOPE IS MORE LIMITED: AND

(B) THE CONCEPT OF DIMINISHED RESPONSIBILITY CAN BE INTRODUCED,

FOR APPLICATION WHERE APPROPRIATE.

4. AGAINST THIS BACKGROUND, I WAS INTERESTED TO SEE (FROM CENTROFORM TELNO RETRACT 77922 NOV) THAT MR LUARD TOLD THE HOUSE

OF COMMONS THAT THE GOVERNMENT STILL INTENDED TO SEEK, IN DUE COURSE, PARLIAMENT'S VIEWS ON THE QUESTION OF WHETHER DEPENDENT TERRITORIES SHOULD BE ALLOWED TO RETAIN CAPITAL PUNISHMENT.

DO YOU NOW EXPECT THAT THEY WILL BE SOUGHT IN THE FORESEEABLE FUTURE, NOTWITHSTANDING WHAT MICHAEL PALLISER SAID IN HIS LETTER OF 4 APRIL 1978 TO ME ON THIS SUBJECT?

5. I AM ESPECIALLY ANXIOUS TO REMAIN FULLY INFORMED OF YOUR THINKING, AS I MAY SOON HAVE TO DECIDE ANOTHER DIFFICULT CASE, WHICH IS EXPECTED TO GO TO THE BERMUDA COURT OF APPEAL EARLY NEXT MONTH. (THE CONVICTED MAN IS NAMED JOHNSON. THE PREMIER

SPOKE TO YOU ABOUT THE CASE

CF A CONVERSATION WITH HIM. TO HKGD AND WILL CONTINUE TO DO SO). IN THE CIRCUMSTANCES, A SURE YOU WILL REALISE THE IMPORTANCE

SEE PARAGRAPH 7 OF YOUR 12 JUNE NOTE

WE HAVE BEEN SENDING PROGRESS REPORTS

ATTACH TO AVOIDING

AIY MISUNDERSTANDINGS OF THE KIND WHICH AROSE A YEAR AGO.

6. MY POINT IS THAT THERE MUST BE A CONTINUING RISK OF DIFFICULT CASES, IN PARTICULAR, CASES INVOLVING RAPE-MURDERS. THEY AROUSE SUCH FEELING HERE THAT MOST BERMUDIANS MAY, ON OCCASION, CONSIDER THAT THE LAW OUGHT TO TAKE ITS COURSE. IF I THEN APPEAR TO BE REPRIEVING, AGAINST LOCAL ADVICE, AS THE RESULT OF UK PRESSURE, THERE MAY BE A SERIOUS RISK OF TROUBLE. SO I CANNOT (NOT) UNDERTAKE THAT I SHALL ALWAYS REPRIEVE, NO MATTER WHAT MY OWN FEELINGS ARE : INDEED, I MAY BE UNABLE TO JUSTIFY A REPRIEVE IN THE JOHNSON CASE, IF HIS PSYCHIATRIC CONDITION IS NOT (NOT) FOUND TO BE ABNORMAL.

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77.AS A RESULT