Govt. admits death penalty law is full of `sloppy' errors: Bill described as
Senate last night approved the abolition of the death penalty and corporal punishment despite learning that the bill was riddled with errors that allegedly make it unworkable.
Two Independent Senators, Jeanette Cannonier and Walwyn Hughes, voted to send the bill back to the House of Assembly -- delaying implementation for a year -- because they were so concerned about the anomalies.
But Independent Sen. president Alf Oughton used his casting vote to side with Government to pass the Act by six votes to five.
Opposition Sen. Mark Pettingill said the decision by Government to vote through the bill in the face of glaring errors was a "bitter blow'' to the Parliamentary process of checks and balances.
He pointed out that the "sloppy'' draftsmanship of the bill meant that the sentence for a Police officer who turned a blind eye to a crime being committed will be increased from three years to life in prison.
Government Senate Leader Milton Scott said the mistakes would be passed to the Attorney General's Chambers and the Law Reform Committee to be rectified.
Urging fellow Senators to send the bill back to the House to be re-drafted, Sen. Pettingill said: "This is a sloppy piece of draftsmanship and we are here to get it right.
"These mistakes in law are fundamental and the Act as it stands, whether we are abolitionists or not, is a mistake. It is a piece of nonsense that doesn't work.'' Senators expressed astonishment that the errors pointed out by Sen. Pettingill had not been picked up by the House or by Government lawyers who drafted the legislation.
After the vote, Sen. Pettingill, a lawyer who is in favour of abolition, launched a strong attack on Government.
He said: "It is a bitter disappointment for the Parliamentary process. When Government has glaring errors pointed out to them, they should accept it whether anyone else spotted it or not.
"They were shown them here, and it strikes at our system that even in the face of that, Government was still prepared to push and pass a piece of legislation that is fatally flawed on the basis of satisfying their own agenda.'' Legislation under attack Government Sen. Michael Scott later rejected Sen. Pettingill's allegation that Government had jeopardised the Parliamentary system by bulldozing through a flawed bill.
He predicted the errors would be rectified by Government amendments with "above average speed''.
After the vote, he said: "One of the functions of the second chamber was to achieve what was achieved today.
"When there are errors they are brought to the attention of members of Senate to seek a solution.
"The solution has been acknowledged through the Senate Leader and myself in statements that the errors, having been pointed out and acknowledged, will be considered by the Attorney General's Chambers and legal drafting and proper amendments made.
"On the contrary, the Parliamentary process has been well served. Sen.
Pettingill has pointed out errors and Government has acknowledged them.'' Sen. Hughes said during the debate that he was in favour of abolition, but could not support a bill which was so flawed.
He and Sen. Cannonier joined Opposition Senators Pettingill, Kim Swan and Maxwell Burgess in voting against the bill.
Sen. Oughton voted with Government Senators Michael Scott, Milton Scott, Col.
David Burch, Patrice Parris and Calvin Smith in favour of abolition.
When the vote went to a third reading, and support for the bill was assured, Sen. Hughes switched sides to back Government.
The abolition bill will pass into law when it is signed by Governor Thorold Masefield.
Sen. Mark Pettingill
