Prosecutors to be allowed second bites

Persons accused of some crimes and who walk free because of judicial misconduct and those freed before compelling evidence comes to light could find themselves back before the courts answering the same charges.

This, as the Government seems set to do away with the rule that a man should not be tried for the same case twice.

Already the Cabinet has issued drafting instructions for legislation to give the prosecution the right to appeal not guilty verdicts in some situations.

Information Minister Daryl Vaz yesterday announced that the Cabinet had decided to go with the change long proposed by Director of Public Prosecutions Paula Llewellyn.

Vaz said the proposed legislation would restrict the right of appeal by the prosecution to criminal matters in the Resident Magistrate's and Circuit courts.

"Under the present law the prosecution has no right of appeal against a verdict of acquittal in criminal proceedings," Vaz noted during the weekly post-Cabinet media briefing yesterday.

"The common-law rule of double jeopardy has formed the basis under which the right of appeal is denied," added Vaz.

He noted that the double-jeopardy rule - which forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction - is entrenched in the Constitution.

Limited opportunity

But Vaz argued that the Constitution also provides a limited opportunity for the prosecution to appeal with the approval of the court based on legislation enacted by Parliament.

According to Vaz, the prosecution will be allowed to appeal on the basis that "there has been a substantial miscarriage of justice resulting in an acquittal due to the commission of an administration of justice offence or that there is new and compelling evidence against the acquitted person in relation to the offence of which he was acquitted".

The Cabinet's decision should be welcomed by Llewellyn who, last November, repeated her position that if through corruption and improper motives the jury acquits an accused person despite compelling and credible evidence and if it is determined that there had been fraud in respect of the jury, the prosecution should have the right of appeal.