A
MKA 380/1
е
FROM:
P A Penfold
CC:
WIAD
PS/PUS
Mr
HKD
Gillmore
Mr Hendry, Legal Adviser Mr Gorham
DATE: 6 January 1988
ора
N
Mr Fearn
PS/Mr Eggar
PS
BERMUDA:
1.
CAPITAL PUNISHMENT
on the
In his minute of 22 December, Mr Wall said that the Secretary of State had asked whether there was any scope for giving advice to the Governor of Bermuda Shorter capital punishment case.
2.
is
I confirm that under existing policy there
no scope for giving formal advice to
advice to the Governor.
In 1986 ministers reviewed in detail our current practice on capital punishment in the Caribbean dependent territories and Bermuda. They concluded that we should stand firm on
the Creech-Jones doctrine ie, that there should be non interference by British Ministers in Capital Punishment cases in dependent territories as the Governor is deemed to know best.
3:
There is an opportunity for informal discussion next week between the Governor and Mr Fearn when they meet at the Governors' Conference in Bridgetown, although when Mr Fearn last discussed the case with the Governor during his pre-posting briefing, Sir Desmond Langley made clear that he would not want any advice from us.
4.
Premier Swan has stated in the past that the people of Bermuda would resent outside interference from Britain. He claims that the attitude of the Government of Bermuda towards Capital Punishment reflects the wishes of the community to retain the death penalty as an ultimate sanction against very serious crime.
5.
The latest position with the present appeal to Judiciary is that the next appeal hearing has been for 26 January when the Troy Shorter case would be
/ expected to
CONFIDENTIAL
cr a
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