TNAG-0723-FCO40-921-Capital-punishment-in-the-Dependent-Territories-1978 — Page 8

GPS 245

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298

RM FCO 011052Z DEC 78.

TO PRIORITY HAMILTON

TELEGRAM NUMBER PERSONAL 60 OF 1 DECEMBER.

PERSONAL FOR GOVERNOR FROM CORTAZZI.

295 YOUR TELNO PERSONAL 76: CAPITAL PUNISHMENT.

1. THE POSITION REMAINS VERY MUCH AS DESCRIBED IN THE PUS'S LETTER 211) OF 4 APRIL. MINISTERS HAVE STILL NOT DECIDED WHEN IT WOULD BE

OPPORTUNE TO REVIEW THE CURRENT POLICY, ALTHOUGH IT REMAINS THEIR INTENTION TO SEEK PARLIAMENT'S VIEWS IN DUE COURSE. FOR YOUR OWN INFORMATION, IT IS EXTREMELY UNLIKELY THAT TIME CAN BE FOUND FOR A DEBATE ON THIS SUBJECT DURING THE PRESENT PARLIAMENTARY SESSION.

2. THE ARGUMENTS AGAINST REMOVING THE GOVERNOR'S DISCRETION IN CAPITAL CASES (YOUR PARAGRAPH 7)STILL SEEM TO US TO BE OVER- RIDING. APART FROM THE CONSTITUTIONAL AND LEGA. PROBLEMS REFERRED 10 TO IN MY LETTER OF 3 MARCH, EXPERIENCE OVER THE LAST FEW MONTHS MKC 380/2 HAS UNDERLINED THE IMPORTANCE OF ENSURING THAT THE ULTIMATE DECISION IS TAKEN BY SOMEONE WHO IS NOT LIKELY TO BE SWAYED

Y LOCAL FEELINGS. IN ADDITION, MINISTERS WILL WISH TO CONSULT FARLIAMMENT BEFORE CHANGING THE PRESENT POLICY IN ANY IMPORTANT

ESPECT: AND I DO NOT BELIEVE THAT THEY WOULD WISH TO PROPOSE A CHANGE WHICH MIGHT RESULT IN MORE EXECUTIONS.

3. IF THE APPEAL IN THE CHESTERFIELD JOHNSON CASE (YOUR PARA- GRAPHS 5 AND 6), IS REJECTED, AND IT SEEMS TO YOU THAT FURTHER FSYCHIATRIC OPINION WOULD BE VALUABLE, WE SHOULD BE GLAD TO EXPLORE THE POSSIBILITY OF SENDING SOMEONE OUT FROM THE UK. WE

AND THE GOVERNOR FOUND THIS HELPFUL IN A RECENT CASE IN THE

B.V.1. AND GIBBONS THOUGHT THIS A USEFUL IDEA WHEN I SPOKE TO

HIM IN JUNE.

OWEN

PS/PUS

MR CORTAZZI MR STRATTON

tkc

3867

RELENCO 2 PERISTY NO. 51

4DEC 1978

FILES

HK & GD

WIAD

PS

PS/MK ROWLANDS

MR RUSHFORD

SECRET

No

DESK OFFICER

INDEX

PA

REGISTRY Action Taken

821124 EX

Mr Stratton

Mr Cortazzi

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HCG 386/1 Hica

RECENTIO

J

4DEC 1978

DISK OFFLER

INDEX

No

PA

NO. 51

REGISTRY

Action Takon

shot ех

294

CAPITAL PUNISHMENT IN DEPENDENT TERRITORIES:

Flag A 1.

(295)

Flag B

11

Flag C

Mac 38672

Flag D

BERMUDA

In his telegram No. Personal 76 of 24 November, Sir P

Ramsbotham has reported that the Select Committee of the Bermuda Legislature on Capital Punishment is expected to recommend that the death penalty should be retained for

certain categories of murder, and that this recommendation

is likely to be accepted by the Legislature. In this con-

text, and because he may soon have to decide whether or not to reprieve a convicted murderer, he has asked to be informed of the Government's present intentions over policy towards capital punishment in dependent territories.

2. In fact there have been no significant developments

since the PUS wrote to the Governor on 4 April. Ministers have not yet decided when would be the right time to review the current policy, but Mr Stephen has confirmed that it is very unlikely that time could be found for a debate during the current Parliamentary session.

3. In the last paragraph of his telegram the Governor reverts to a proposal which he first put forward in discussion

with the Secretary of State on 8 February, to the effect that

the recommendations of the Governor's Advisory Committee on the Prerogative of Mercy should be made binding on the Governor in capital cases. Mr Cortazzi explained in his letter of 3 March that this suggestion had been considered by Ministers, who had decided that the arguments against it out-

Sir P Ramsbotham now questions

HKC 386/2 weighed those in its favour.

нка

that decision: he argues that the proposed change would not necessarily result in more executions; and that the Secretary of State would be better placed to reply to criticism in the

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UK if he could show that the decision to allow an execution

had been taken by local Ministers rather than by the Governor.

4. On the first point, Sir P Ramsbotham may be right as far as Bermuda is concerned (though he himself acknowledges that local feeling is very much in favour of capital punishment in certain kinds of case). But we must also take account of the strong probability that if such a change were made in Bermuda there would be pressures to introduce it in other territories where local Ministers may be less responsible, and that these pressures would be very difficult to resist. Recent experience over the Gaston case in the British Virgin Islands, and in the Greenaway case in Montserrat, has clearly demonstrated the importance of maintaining the Governor's present role in these territories,

however uncomfortable it may be.

5. As for Sir P Ramsbotham's second point, it seems to me that the proposed change would make the Secretary of State's position more, not less difficult since he might find himself having to advise The Queen in such cases more frequently than he does now. He might also be open to the charge of having gone further down the road of responsibility without power. There is in addition an important political consideration. In view of their repeated undertaking to seek Parliament's views on the question whether dependent territories should be allowed to retain capital punish- ment, it seems to me very unlikely that Ministers would wish to change the present policy in any important respect without consulting Parliament. And I cannot believe that a change on the lines advocated by Sir P Ramsbotham, which could (though it might not) result in more executions, would be the kind of change which Ministers would wish to propose.

6. The particular capital case referred to by the Governor is that of Chesterfield Johnson, whose appeal against the death sentence passed on him in July is to be heard early next month.

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