Proposed legislation could imprison for life without conviction - PNCR

Proposed legislation could imprison for life without conviction – PNCR

Dec 19, 2009 News

A proposed Bill that will return to the National Assembly shortly is setting a dangerous precedent.
This is according to leader of the Parliamentary Opposition, Robert Corbin, who recently told this newspaper that the Bill, namely the Court of Appeal (Amendment) could see persons sentenced to life imprison without ever being convicted.
The party in a recent statement, said that the Bharrat Jagdeo Government, “true to its emerging image of an elected dictatorship, seems hell bent on creating the most repressive legal regime in this hemisphere.”
It stated that in furtherance of its nefarious plans, it has taken the Bill to the National Assembly and is now before a Special Select Committee.
The Bill, according to the PNCR, gives the Director of Public Prosecutions (DPP) the power to appeal a judgment or verdict of acquittal of a person charged with a criminal offence.
“In the present context of our dysfunctional Criminal Justice System, a criminal trial in the High Court takes as long as five to seven years to be completed.”
“To give the DPP this power to appeal the acquittal of an accused citizen, therefore, is tantamount to creating a new sentence of life imprisonment without conviction.”
The party is convinced that the effect of the power to the DPP may have the result of a citizen being tried and acquitted, after waiting for several years, based on the current performance of the Courts, yet having to spend another three years in prison before the DPP’s appeal is heard in the Court of Appeal.
“If his acquittal was upheld in the Court of Appeal, the citizen would be freed. However, the DPP can again appeal to the Caribbean Court of Justice (C.C.J.), which, on current trends, could take at least two years.”
The party stated that the CCJ can uphold the citizen’s acquittal and free him finally, or, order a retrial.
“On current trends in Guyana, a retrial can take another three years. If the Judge or Jury in the High Court again acquits the Citizen, the DPP can again appeal and the cycle described above could be repeated.”
The party stated that in those circumstances, a Guyanese youth charged with a criminal offence, despite having a presumption of innocence in his favour, that is, he is innocent until proven guilty, can perish in prison, without bail, for a lifetime.
“The PNCR, therefore, cannot support such a repressive Bill without the necessary amendments to uphold the guaranteed fundamental rights of our citizens.”

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Proposed legislation could imprison for life without conviction – PNCR

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