TNAG-1115-FCO40-1387-Future-staffing-of-the-Dependent-Territories-1982 — Page 72

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

3

The two men, almost certainly joint killers, were freed. At

once there were unusual pressures. I had to restrain the BVI

Chief Minister and his colleagues from seeking to petition the

unseating of a High Court Judge. The community too were angry.

That night, to avoid provocation, a deliberate decision was made

to under-police rather than over-police. Luckily it came off,

and tension faded.

5. Perhaps one day some historian may look at it all. The

last hanging in the BVI was less than a decade ago and long

after the end of capital punishment in Britain:

indeed 36 years

after the last execution in the BVI. Moreover, on the 1972

occasion, there may well have been some miscarriage of justice.

Strangely, the 1969 FCO memorandum, with its comprehensive

guidance on capital punishment issues, was not then held here.

The man hanged was a Virgin Islander. Recent capital cases have

involved outside West Indians, known locally as "down-islanders".

Within the British Virgin Islands there is much latent hostility

towards these people and, in this latest case, feeling certainly

ran very high against the two Vincentians involved. Lavity

Stoutt, the Chief Minister, who had nailed his colours to their

execution, passionately asked "why only Tortolians get the rope?".

Our hypothetical historian may wonder about Parliament and

Ministries in London permitting the continuation of a death

penalty in miniscule Dependencies so long after the practice ended

in Britain. In fairness, I see the minefields surrounding the

issue. And more than recognise that none are blessed with

monopoly in moral or indeed any other judgement. However, after

a longish period of close contact with the problem, my own

views crystallised. Within my term, I would have done whatever

was required. But, to end this longish story of coming and

going (and of crime and punishment), I could hardly have

reservation on hanging and extend as Governor.

/LAW AND ORDER

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