House rejects alibi legislation
December 15, 2006
Legislation requiring an accused person to disclose the nature of his defence to the court before trial will have to return to the drawing board after being rejected on Tuesday by Members of Parliament on both sides of the political divide in Gordon House.
Dr. Peter Phillips, the Minister of National Security, who introduced the The Law Reform Notice of Alibi Evidence Act 2006 for debate, said the "perfect defence" available to an accused was an alibi or the declaration that "it was not me, in answer to an allegation against him".
He argued it was the most difficult defence to destroy, especially when the prosecution had no opportunity to investigate because it was raised for the first time during the trial.
Dr. Phillips said several jurisdictions, including the United Kingdom, Australia, New Zealand and the United States, have introduced this law moving away from the common-law position of the "right to silence".
However, Opposition justice spokesman, Delroy Chuck, warned that the bill could infringe on a criminal trial.
He charged that the legislation might provide an opportunity for the Crown not only to determine whether there was an alibi witness, but also to interview the defence witness.
"The defence cannot interview the prosecution's witnesses, and if the defence can't interview the prosecution's witnesses, I don't see why we should even allow that opportunity for the prosecution to interview the defence's witnesses," he said.
Call for review
Opposition MP, Clive Mullings, suggested that the legislation should be sent back to committee for further review....
Author: Edmond Campbell
Source: Jamaica Gleaner
