CONFIDENTIAL
142460
MDLI 077
BUT
ABOLISHING THE DEATH PENALTY IN THE CARIBBEAN DTS AND POSED THE QUESTION ABOUT HMG DOING SO FOR BERMUDA AS WELL. AT THE TIME THE PREMIER'S REACTION WAS THAT SUCH A COURSE MIGHT BE WELCOME. HE SAID IT WOULD BE VERY DIFFICULT TO SUPPORT SUCH A COURSE IN THE LIGHT OF THE MAJORITY VOTE FOR RETENTION. HE DID NOT THINK BERMUDIANS WOULD EASILY ACCEPT THAT HIS GOVERNMENT SHOULD INTRODUCE LEGISLATION TO ABOLISH THE DEATH PENALTY AT THIS JUNCTURE. HE WOULD HAVE A DIFFICULT TIME WITH THE UBP CAUCUS IF HE WERE TO RAISE HMG'S INTENTIONS THERE. HE WOULD ALSO HAVE DIFFICULTY IN HIS OWN CONSTITUENCY WHERE THE TURNOUT IS SAID TO HAVE BEEN THE HIGHEST IN THE ISLAND: EVEN THOUGH THE REFERENDUM WAS COUNTED NATIONALLY AND NOT BY CONSTITUENCIES.
6. SWAN SAID THAT IF HMG WISHED TO ENSURE THERE WERE NO MORE EXECUTIONS IN BERMUDA THE GOVERNOR SHOULD BE INSTRUCTED BY YOU TO COMMUTE ALL DEATH SENTENCES REGARDLESS OF THE VIEWS OF THE ADVISORY COMMITTEE ON THE PREROGATIVE OF MERCY. IN SAYING THIS THE PREMIER WAS SPEAKING PERSONALLY AND INFORMALLY. I BELIEVE HE WOULD HAVE DIFFICULTY IN PERSUADING HIS CABINET COLLEAGUES 6. SWAN SAID THAT IF HMG WISHED TO ENSURE THERE WERE NO MORE EXECUTIONS IN BERMUDA THE GOVERNOR SHOULD BE INSTRUCTED BY YOU TO COMMUTE ALL DEATH SENTENCES REGARDLESS OF THE VIEWS OF THE ADVISORY COMMITTEE ON THE PREROGATIVE OF MERCY. IN SAYING THIS THE PREMIER WAS SPEAKING PERSONALLY AND INFORMALLY, I BELIEVE ( HE WOULD HAVE DIFFICULTY IN PERSUADING HIS CABINET COLLEAGUES THAT SUCH A RECOMMENDATION SHOULD COME WITH HIS CABINET'S COLLECTIVE APPROVAL. THE DEPUTY PREMIER, MRS DE COUTO, WOULD CERTAINLY NOT AGREE. SHE WOULD ALSO OBJECT TO SUCH A COURSE IF IT WERE A FAIT ACCOMPLI BUT WOULD BE UNLIKELY TO MAKE IT A CONSTITUTIONAL ISSUE WERE SUCH INSTRUCTIONS GIVEN TO THE GOVERNOR.
.
7.
THE PLP OPPOSITION WOULD NO DOUBT WELCOME SUCH A MOVE AS IT WOULD ENDORSE THEIR STAND ON ABOLISHING CAPITAL PUNISHMENT. IT WOULD NOT, HOWVER, PREVENT THE PLP FROM MAKING NOISES ABOUT BRITAIN INTERFERING WITH BERMUDA'S CONSTITUTIONAL POSITION WITHOUT
CONSULTATION.
8. THE BERMUDIAN PUBLIC WOULD PROBABLY BE AS APATHETIC ABOUT COMMUTATIONS AS THEY WERE ABOUT THE REFERENDUM. MANY OF THOSE WHO VOTED FOR RETENTION IN THE REFERENDUM ALREADY THINK THAT THE GOVERNOR WILL AUTOMATICALLY COMMUTE ANY DEATH SENTENCE. (THIS INCLUDES HARRY VIERA MP).
9.
SUBJECT TO THE GOVERNOR'S FURTHER ADVICE WHEN HE RETURNS FROM
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