Correcting the gap in our criminal justice system

Aug 03, 2008 Letters

Dear Editor,
People are very disappointed, including victims and their relatives, when dangerous criminals are able to walk away free from a High Court trial, because of legal technicalities, or errors of the trial judge, with no hope whatsoever of an appeal from the prosecution.

If, on the other hand, the person is convicted, he has a guaranteed right of appeal, no matter how flimsy may be the grounds of appeal.

All the rights seem to be weighed in the favour of the criminals, with no right of redress, in the face of faulty decisions by the trial judge, by the state prosecutor on behalf of the people and the victims.

The Court of Appeal (Amendment) Bill 2008 seeks to correct this gap in our criminal justice system by giving such a right to the state, strictly against decisions of the judge, and not against the decisions of the jury.

The rights, powers, authority and privileges of the jury remain unencumbered and sacrosanct under the proposed legislation, and are not tampered with.

We do need a revision of the law to be able to appeal against judicial errors, so as to keep off the streets dangerous criminals who are placed before the courts by law enforcement agencies after much time and work, but are able to walk free to continue their wicked ways, simply because of legal technicalities and wrong decisions on questions of law by the judges, with no right of appeal by the prosecution. The time has come for an end to this situation.

John Da Silva

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