PERSONAL AND CONFIDENTIAL
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In the Gaston case, you know the story. The local situation came close to trouble. Fortunately, there was no bloodshed. Another occasion may turn out worse. for this reason I wonder about dealing with capital punishment within the policy exercise already launched in London, rather than await the moment critique of a case sooner or later bound to arise. In the BVI, the Mercy Committee is a bit of a misnomer. In general, only rather hard liners tend to accept appointment as members. This imposes further local stress. If the final issue were for decision elsewhere, this should give a chance for balance.
5. The memorandum discusses responsibility and power. Historically, I think the British colonial system depended quite a lot upon bluff: a fortiori with the few bits now left. As far as the BVI is concerned, it may be that UK authority took a step down when Michael Bradley ceased to be Attorney General following the Resolution in the BVI Legislature calling for West Indianisation of the Attorney General post. A West Indian was appointed in Bradley's place: Mrs Hylton-Gayle! Looking back, which is always easy, I suppose the Bradley episode might have been the moment to ask the BVI if they wanted connection with Britain or not. We make do now with Mr de Silva, who, though not in the Bradley or Barwick class, is loyal:- whereas the two senior West Indian non-Virgin Islanders in the Government legal system, the Magistrate and the Registrar, are seen here as trouble makers (the Magistrate worse than the Registrar). Indeed, only this morning in my office and in the presence of the Deputy Governor and Chief of Police, Lavity Stoutt referred to "those bloody West Indians!" meaning Derrick Hugh and Trevor Peters. On the continuing legal tangle, I am writing separately to Walter Wallace.
6. To sum up, I should like to confirm my view that the memorandum be published. Ideally, I believe there might also be some accompanying gloss on the lines I have suggested. And I think there could be a case for inviting BVI Ministers (and presumably Ministers from other British West Indian territories) to come to London for discussion in advance of publication. This discussion might concentrate quite a lot of minds.
7. I am conscious my perspective is that of one small peephole. In this letter I follow the UK view.
I am assuming its content will not get back here! At the same time I am certainly not out of sympathy with local needs and aspirations. I just see capital punishment as a crux: an issue on which the BVI has no monopoly of principle, and one where there is also a UK interest.
Yours
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J A Davidson
PFSONAL AND CONFIDENTIAL
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