CONFIDENTIAL
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We
punishment is to be held in Bermuda on August 28. cannot however, wait until the Bermuda vote is known before deciding whether to proceed along the course I recommend, because to do so could mean missing the CJB bus, unless Counsel were given additional instructions to insert an FCO clause. It is possible that the referendum result will be a messy one (a low poll) with a small retentionist majority. If the opposite were to happen which we judge unlikely it would probably be unnecessary to pass primary legislation in Britain to abolish in Bermuda, as the Premier, Sir John Swan, has indicated that he would be prepared to abide by the wishes of the majority if there were a popular vote in favour of abolition. The Secretary of State told Swan in January that the retention of the death penalty in Bermuda caused us difficulties. Nevertheless. even if the referendum in Bermuda were to solve our problem there, we would still be faced with the five Caribbean territories for whom an Order-in-Council which could be debated would be required.
9.
In considering whether or not to abolish the death penalty in the Caribbean DTS, Ministers need to recognise that under present arrangements, unless all six governors are determined as a matter of conscience to commute the death sentence (and to accept the local political consequences) the risk of Ministers having to defend in Parliament and internationaly executions in the DTs will be ever present. It is the case that with the spread of narcotics trafficking the incidence of murder has increased. But Ministers have taken a decision to ensure the good governance of the DTS (particularly the twin track policy of combatting drugs trafficking and money laundering through the offshore finance, centres) and it would be in that context that aboliton could be seen.
10. As it stands, there are the following murder cases to be faced:
Anguilla Bermuda
:
BVI
2526
1
1
Cayman
Montserrat)
ТСІ
) Nil
More immediately in Anguilla, the appeal process in a recent case has been exhausted and the governor who sees no extenuating circumstances is, in accordance with local law, expected to set a date for execution by the end of
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