CONFIDENTIAL
142460 MDLIAN 7077
LEAVE CON 8 SEPTEMBER) AND TO THE DEPARTMENT'S VIEWS I RECOMMEND THAT THE ORDER IN COUNCIL TO ABOLISH CAPITAL PUNISHMENT IN THE CARIBBEAN DTS SHOULD PROCEED AND THAT IT SHOULD NOT BE EXTENDED TO BERMUDA JUST YET. THERE WILL BE A NEED TO EXPLAIN TO THE CARIBBEAN DTS WHY BERMUDA IS NOT INCLUDED AND THIS CAN BE RELATED TO BOTH THE REFERENDUM AND THE PARLIAMENTARY DEBATE OF APRIL 1989 WHICH BROUGHT ABOUT THE REFERENDUM. LOGICALLY, THERE SHOULD NOW BE SUBSEQUENT PARLIAMENTARY DEBATE HERE. BUT THIS CANNOT TAKE PLACE UNTIL AFTER THE SUGGESTED TIMING OF THE ORDER IN COUNCIL AND IT WOULD THEREFORE BE WRONG FOR THE BRITISH GOVERNMENT TO PRE-EMPT SUCH A PARLIAMENTARY DEBATE BY INCLUDING BERMUDA.
10. THE ABOLITION OF CAPITAL PUNISHMENT IN THE CARIBBEAN DTS WHEN A PARLIAMENTARY DEBATE TAKES PLACE HERE MAY CAUSE MORE PARLIAMENTARIANS TO VOTE FOR ITS ABOLITION HERE.
11. ACTION BY HMG IN REGARD TO THE OTHER DTS SHOULD EASE THE BURDEN
THE PLACED ON THE GOVERNOR HERE IN DEALING WITH COMMUTATION. GOVERNOR WOULD HAVE THE CHOICE OF ACTING IN ACCORDANCE WITH WHAT EXTENUATING CIRCUMSTANCES THERE MAY BE AS AT PRESENT OR, IN THE ABSENCE OF ANY SOUND REASONS FOR COMMUTATION, HE COULD ACT IN THE KNOWLEDGE THAT IT IS HMG'S WISH TO AVOID EXECUTIONS EVEN THOUGH LOCAL SENTIMENT REMAINS UNCLEAR ON THE ISSUE. IT WOULD BE EASIER FOR HIM TO DO SO IF HE IS INSTRUCTED TO COMMUTE DEATH SENTENCES AS
A MATTER OF COURSE AND THIS WOULD HAVE THE ADDED BENEFIT OF AVOIDING THE ENORMOUS COSTS OF GOING THROUGH THE WHOLE APPEALS PROCEDURE.
12. THE COMMISSIONER OF POLICE BELIEVES THAT THE NEXT MOST LIKELY PREMEDITATED MURDER CASE TO RUN ITS FULL COURSE (MEREDITH) WILL REACH ITS CONCLUSION AFTER HIS RETIREMENT IN (1993?) THIS PRESUMES THAT THE CASE WILL GO THROUGH ALL THE APPEAL STAGES. THERE ARE OTHER MURDER CASES TO BE TRIED BEFORE THEN ANY ONE OF WHICH COULD END WITH A DEATH SENTENCE.
KELLY
YYYY
3
PAGE CONFIDENTIAL
No comments yet.
Private notes are available after approval.