Government MPs who failed to vote in the controversial debate over the outlawing of hanging and flogging last night denied Opposition claims of cowardice.

The five hit back after Opposition Whip Cole Simons said they had denied their constituents a voice on a major issue.

Mr. Simons added: "The PLP accused the Opposition of cowardice because the Opposition objected to their capital and corporal punishment legislation as it was incomplete.'' But he said: "They did not vote for their beliefs -- nor did they vote for the beliefs of their constituents.'' Mr. Simons added: "I call this a true sign of cowardice.'' And he added that the PLP had "free speech, but not a free vote.'' He added: "Under the PLP's autocratic style of Government, if you do not adhere to the party line on controversial national issues, members must absent themselves from the Chamber when important decisions are taken.'' Five Government MPs did not take part in the vote -- which was carried 19-13.

They were backbenchers Derrick Burgess, Reginald Burrows, Wayne Perinchief and El James.

They were joined by Youth and Sport Minister Dennis Lister, while only CV (Jim) Woolridge did not vote with the rest of the UBP.

Opposition Whip Mr. Simons said the UBP had a free vote on the issue -- but that the group had collectively taken the position that the legislation as presented was flawed because it made no provision for an effective alternative deterrent.

He insisted: "We want to see something more -- life imprisonment meaning life without parole.'' And he said not all Opposition MPs were necessarily pro-hanging, but had voted against abolition in protest at the lack of alternatives.

He added: "It was my understanding the PLP had a free vote -- if you have a free vote, you can do what you like.'' Veteran politician Mr. Burrows said the anti-hanging and flogging bill was a Government measure -- unlike previous votes on the issue, which have been private members' bills.

He added: "The party know how I feel about capital punishment -- but I didn't particularly want to vote against them. All of us who didn't vote felt the same way.

"Most of us felt we should let our feelings be known -- but not vote against it.'' And he pointed out that the five votes -- even if Mr. Woolridge had voted with his colleagues -- would have left the Speaker to follow convention and use his casting vote to back Government.

Mr. Burrows said the UBP when in power had used the same technique to avoid MPs voting against Government bills.

No-show Government MPs accused of `cowardice' Mr. Lister declined to say whether he and his fellow hold-outs had come under pressure not to vote against the party.

He said only: "I prefer not to vote against the Government -- it was the best route for me to take.'' And he described his reaction to Mr. Simons' statement as "amused.'' Mr.

Burgess -- who appeared to take the Opposition line that tougher alternative penalties like life without parole should have been introduced -- said he was "anti-killing.'' He said: "I personally don't want any killing at all -- but if someone is going to kill someone, they must be given the same penalty as the victim. And a victim will not come back until Jesus comes.

"That murderer must serve life without parole -- I would have supported that.

Twenty-five years is not enough for a killer.'' And he added: "For a five-year-old child who is murdered, there's no second chance. Why should the person who took them out of life have a second chance? "There has got to be an alternative to the death penalty -- there was no alternative there.'' Mr. Burgess -- when asked if he had been ordered to take a non-voting position -- said: "I don't like to discuss these things out of the party.'' And he insisted: "What Cole Simons is considering is not parliamentary procedure, but the bill. What he seems to be trying to do is change the focus from abolition or retention to the actions of four MPs.'' Mr. James, however, insisted he was absent from the Chamber because "it was late.'' And he added: "I made my comments on the floor of the House that night and I will leave it at that.'' But he said: "We were allowed free rein to speak our minds.'' Mr. James said: "Cole Simons can say whatever he likes -- I didn't hear him speak in the House. The only time he appears to have the courage to speak is to the press with prepared statements prepared by the party.

"I'm still waiting to see where he stands except for the vote -- I wonder what his constituents are thinking.'' Mr. Woolridge said that he was pro-death penalty and had wanted to speak, but had left the Chamber due to the late hour.

But he added: "I also got so fed up with some of the hypocritical things which were said.'' He added, however: "I did admire these PLP MPs who spoke out in favour of retention. The Minister made a 40-minute presentation -- at no time did he mention the safety of the public.'' And he said that -- if hanging had to go -- life should mean life and added that the issue should have been put to the public direct through a referendum.

Mr. Perinchief did not return a call from The Royal Gazette yesterday.

No-one has been hanged in Bermuda since 1977, which is retained only for premeditated murder.

The UK has already signalled the death penalty must go in Bermuda.

Cole Simons