-- despite claims of a free vote by both sides.

A total of five Government MPs -- most of whom appeared to speak in favour of retention of the death penalty -- did not vote in the 19-13 decision, while the 13 Opposition MPs all voted in favour of keeping the rope.

Government MPs who failed to vote were Derrick Burgess, Wayne Perinchief, El James, Reginald Burrows and Dennis Lister.

On the Opposition side, only C.V. (Jim) Woolridge was absent when the ballot was taken.

Closing the marathon eight hour debate early on Saturday morning, Development and Opportunity Minister Terry Lister said the Progressive Labour Party had advocated the end of corporal punishment years ago, and as Government they would look to see these "archaic acts'' abolished.

And he said the Act was important in improving both local and international human rights issues.

Mr. Lister added that capital punishment, as it presently existed in Bermuda law, exacted the death penalty not only for murder, but for treason and piracy as well.

And he pointed out that the death penalty had been abolished in most Western European and Latin American countries.

But Mr. Lister said that it had not been abolished in countries like the United States and Jamaica, which had relatively high murder rates -- and he insisted that was proof that the punishment was not a deterrent.

He added that only six people had been executed in Bermuda in the 20th Century.

And Mr. Lister said that in Bermuda, murder largely had a history of "crimes of passion'' rather than premeditated murder.

But Development, Opportunity and Government Services Shadow Minister Allan Marshall interjected: "Tell that to Rochelle West's family.'' Mr. Lister continued, stating that it was their belief that "Government has no right to put people to death''.

And he added: "These laws have no place in Bermuda today -- they must go.

Every individual has the right to life.'' Mr. Lister mentioned that the issue had been raised in 1975, but the debate had occurred shortly after the murder of a Governor, a Police Commissioner and the Shopping Centre murders.

And he noted that it was "impossible'' that the bill would have been passed against that backdrop.

Mr. Lister also spoke against judicial corporal punishment, stating that it was a "barbaric practice'' which was equivalent to "beating people into submission''.

He said the Cat O' Nine Tails had not been used since 1961.

Mr. Lister said Government supported rehabilitation and counselling instead of these methods, and stated that "we want the people who are going to jail back on the streets -- as productive members of society''.

"Bermuda is part of a global society and we must behave responsibly,'' he added.

Legislative Affairs Shadow Minister John Barritt said he was less interested in the past, and more interested in the present-day context of the debate.

He said reading the newspapers it seemed evident that criminal activity had escalated somewhat.

And Mr. Barritt said the most important issue in the debate was the "issue of public safety''.

"The issue of public safety is paramount. What do people of this country expect? They're looking for security... is what we're doing today going to advance this goal?'' Mr. Barritt asked.

"Are the people of this country going to be able to go to bed tonight confident that public safety has been enhanced?... I suggest they may have cause for concern.'' Mr. Barritt also noted that he saw nothing in the bill which pertained to rehabilitation.

He said the United Bermuda Party conducted a random telephone survey for one week, where 627 people were polled.

Mr. Barritt said of those polled 177 were in favour of abolishing capital punishment, whereas 421 wanted to retain it, and 29 did not know.

He asked: "What is the UK timetable? Why the need to rush into abolishing capital punishment? "The people haven't been consulted. Previously these things have always been subject to conscience vote. Why not examine the alternatives? But to simply abolish capital punishment and put in place 25 years (sentence)? "People will say that is what a life is worth. At the very least the judge ought to be allowed the option of sentencing life in prison without parole.

"They should allow provision for restitution by some form of labour. If we said we needed to look at alternatives, I am sure the UK government would give us latitude.

"Some people in this country live in fear. Government is going about this the wrong way.

"Two thirds of people don't see why we are doing this. Capital punishment is the ultimate sanction for the ultimate crime. The most important aspect is it is a deterrent.

"Society has the right to self defence and to protect the innocent. We ought to hold this bill and look at the alternatives.

"If we don't, then we are going to be playing catch up. There could be tragic consequences. We are putting the cart before the horse.'' Environment Minister Arthur Hodgson said many people based their views on capital punishment on what was said in the Bible.

But he pointed out that the Bible recorded people being sentenced to death for adultery, making sacrifices to other gods and even contempt of court.

He also pointed out that many Biblical figures were killers. He said: "Moses at 40 committed murder and ran into exile. David committed murder and Paul rounded up Christians and killed them, but God was able to use that man for honour and glory. Vengeance belongs to God and he will have it.'' Mr. Hodgson added: "The question is would you lower the guillotine? For me the answer is no.'' He said the last time Bermuda hanged somebody they had to fly in an outsider to perform the execution.

Mr. Marshall accused Government of being cowardly by not consulting the people over the abolition plan.

And he said it was being pushed forward by a minority clique within the governing party.

He said: "What gives them the right to bulldoze through this important issue without canvassing the people? "It's an abuse of the democratic process. It's an insult to the people of this country.'' Mr. Marshall said the murder rate in America, which uses its death penalty, had dropped 26 percent between 1993 and 1997 while Britain's murder rate had doubled since abolition in 1966.

He said life without parole meant murderers could still kill other prisoners and prison guards. He said: "They've got nothing to lose.'' And he mocked the notion that state sanctioned execution was as morally repugnant as murder.

He said: "Would you say taking property to satisfy a debt is the same as auto theft or that rape is the same as making love?'' Progressive Labour Party backbencher Wayne Perinchief said 25 years was not much of a deterrent.

He said: "If you committed a murder at 20, you could be out when you are 45.

And if the system doesn't rehabilitate, you will come out the same as you went in and go and re-offend again.'' United Bermuda Party member Trevor Moniz then moved a motion to delay the vote by six months.

He said: "This motion is premature. The reason we are looking at this bill is because it was in Partnerships for Progress about the relationships with the overseas territories.'' But he said Britain might not pass this legislation until 2001.

He added: "We are trying to please somebody who hasn't come to the wicket.'' MPs divided upon party lines and the six-month motion was lost by 20 to 12 votes.

Minister of Legislative Affairs Dame Lois Browne Evans said that one could have sympathy for murder victims and their families without "getting hysterical about it''.

Dame Lois stated: "Enough has gone on in society to know that hanging, electrocution, and anything else used to take life, does not stop crime.'' She criticised the fact that Bermuda does not have a halfway house and added, "People say this little country could be an example to the world, but we're certainly letting them down in terms of rehabilitation.'' Dame Lois called the US court system "regressive'' and said Britain abolished capital punishment because "they realised that it's a barbaric thing to do''.

Dame Lois said that although some people wanted to bring back forms of punishment like the Cat O' Nine Tails, it hearkened to the barbarisms of slavery and the colonial era.

And she added that it was "time for us to stop treating wrong-doers as if they were animals''.

Government backbencher Neletha Butterfield mentioned that she was one of the co-founders of Prison Fellowship Bermuda programme and supported rehabilitation.

Ms Butterfield posed the question: "If we accept the responsibility of killing the killers, do we become them?'' And she noted that "when the individual is executed, the individual learns no lesson''.

Government backbencher Delaey Robinson said that people shouldn't be lulled into a "false sense of security'' by keeping capital punishment on the books.

He stated: "If we vote to keep (capital punishment) on the books, are we really going back to hanging people after 22 years?'' Mr. Robinson said that neither hangings nor beatings were deterrents, and stated that "human beings do not react well to power being exerted over them''.

He said that prevention, rather than the death penalty, should be the tool to address the murder rate.

Warwick West MP El James said that most criminals had a fear of getting caught -- and an even greater fear of punishment.

Mr. James stated: "If every time someone committed a murder, they dropped dead, I believe there would be a fraction of the murders there are today''.

He cited statistics which indicated that states in the US with high execution rates had a decrease in the murder rate.

And Mr. James said that it was a matter of "protecting our freedom to live''.

Government backbencher Derrick Burgess said that too much emphasis was being placed on the murderer, while the victim is "all but forgotten''.

And he said it was particularly deplorable when children and elderly people were the victims of murder.

Mr. Burgess stated that if life imprisonment was going to be the sentence for murder, it should really be a life sentence.

Southampton East MP Reginald Burrows noted that like many other countries, people were becoming more vicious in Bermuda.

And he questioned how many more murders would occur if capital punishment were removed from the books.

Government backbencher Dale Butler called an article in Friday's Gazette , which stated that Premier Jennifer Smith told Government MPs that they could not vote against the Act, "absolute nonsense''.

He suggested that taking revenge against murderers was tantamount to "a form of dictatorship'' which "could lead to anarchy''.

Mr. Butler said that people wanted to keep capital punishment on the books as a "trump card'' or as a kind of "psychological backup''.

But he noted that the issue was easy to resolve "if you believe in human rights''.

Mr. Butler questioned the morality of some of the countries which still had the death penalty. He said China was responsible for 80 per cent of executions worldwide. He said: "We know the difficulties China has with human rights.

"More and more countries are showing a reluctance to use it. Jamaica is determined to retain it.'' Mr. Butler said he had come face to face with his brother's killer during a visit to Casemates.