Communist Re-trial Bill Passed Last Night
Saturday, June 21st, 2008New Zealand, where you are innocent until proven guilty… only thing is, once you’re declared innocent that doesn’t mean they won’t have another crack at you in the courts… thanks to the new “Criminal Procedure Bill” which has just been passed in Parliament, 108 votes for, 11 against.
Glenn over at www.beretta-online.com comments…
Somehow the label “Communist Re-trial” didn’t appeal, so it has been called the “Criminal Procedure Bill.”
Below is a must-read excerpt from the article “Labour Erodes More Human Rights: The Criminal Procedure Bill” at http://mandmandmandm.blogspot.com
“…While there were some good things in the Bill (as there usually are) such as the district courts being able to hear P cases, I am most appalled at the attack on double jeopardy; the rule that a defendant cannot be tried more than once on the same set of facts (note: we are not talking new facts, new evidence). This law was laid down in section 26 of the NZ Bill of Rights Act:”No one who has been finally acquitted or convicted of, or pardoned for, an offence shall be tried or punished for it again.”
The doctrines autrefois acquit and autrefois convict (the defendant has already been acquitted or convicted on these facts) have long been established within common law and find their place in human rights charters around the world so for the government to erode them in this manner is yet another example of their disregard for rights and freedoms.
In the system of law we use in New Zealand a person is innocent until proven guilty. This system means inevitably that sometimes the guilty will get off and the innocent will be convicted. Whilst no one likes or condones these negative connotations the alternative is worse because the solution to ensuring that the guilty always get convicted is to imprison every accused and likewise, the solution to ensuring the innocent never get convicted is to never convict anyone. The system is balanced to make it difficult to convict because it is generally deemed worse to send an innocent person to jail than to fail to punish the guilty.
So we are left having to accept that once a court has heard a case, weighed the evidence and ruled, that’s that. Allowing the state to keep having a go because despite the court’s assessment, the state “know” this person is guilty (or worse because of trial by media, the public “know”) is to give the state far too much power and to give society far too much uncertainty in the justice system. Whilst it may succeed in increasing the chances of nailing the guilty it equally runs the risk of allowing the state to run trial after trial after trial with its vast resources against the innocent.
Labour undid hundreds of years of jurisprudence on human rights formulated by far greater legal and ethical minds than any of them possess in one sitting last night. Just remember that next time you decide that someone guilty got off after listening to the 8 second soundbite on the news or reading the 600 word article in the Herald; if a judge and 12 of your peers who heard all of the evidence, got to see the body-language and hear the tone of voice of the witnesses ruled the other way, maybe they were in a better position to assess the case. If the police failed to build their case then tough. If anything, knowing they can have a second crack will encourage them proceed with a lower standard of evidence.”
