Log In

Reset Password

Keeping the trial going

The same bill which brought in tough new penalties for thugs carrying weapons also gives judges the right to carry on trials if up to two jurors drop out.

Previously if a juror had to be discharged both the defence and Crown must consent or the trial will collapse but now judges will have the last say.

Attorney General Larry Mussenden reeled off a string of recent cases which had been aborted at great cost because of jurors falling sick, consorting with the defendant's relatives or revealing they knew key people involved in the trial.

In presenting the Criminal Code Amendment Act (No 2) Act 2005 Sen. Mussenden said aborted trials wasted time and money and led to a collapse of confidence in the judicial system.

Several Senators raised fears that cases would still collapse because of witness intimidation but Sen. Mussenden said provisions in the forthcoming Police and Criminal Evidence Bill (PACE) would deal with people refusing to give evidence by giving them the chance to enter statements without appearing in court.

"The defendant runs the risk of not having that witness in court to be cross examined by the defence lawyer."

However Sen. Mussenden told The Royal Gazette that PACE will now be carried over to the November session as Government crams in legislation before the summer recess.

He said: "We have a very hectic schedule. PACE isn't due to come into effect until January 1, 2007, we didn't need to get it through right now."

The bill will re-write Police practices for gathering evidence and Mr. Mussenden said training could still go ahead.

The Criminal Code Amendment Act, passed yesterday, also simplifies legal wording regarding theft offences and allows robbery and burglary to now be tried in the lower court.

It brings in new provisions covering stealing cars and driving them dangerously. Aggravated vehicle taking where an accused causes death will carry a seven year sentence.

There are clauses modernising fraud, deception and blackmail laws while destroying documents will be addressed.

Opposition Senator Bob Richards complained the bill did not deal with securities offences although there was mention of share certificates which he said are virtually obsolete.

He said: "I would suggest Government look at securities fraud. There is a lot of securities fraud in Bermuda that is not necessarily being perpetrated by resident Bermudians."

However Sen. Mussenden said it was covered by laws about obtaining pecuniary advantage by deception.