Attorney General and Minister of Justice and Legal Affairs Hon. Patrice Nisbett says witnesses can be less fearful about testifying thanks to the enforcement of the Evidence Act.
The Evidence Act, passed by the National Assembly in September 2011 took effect January 6, 2012 and seeks to among other things protect witnesses’ identity in cases where they are fearful about testifying.
During an interview with The Observer AG Nisbett said that witness intimidation was a serious cause for concern, especially in high-profiled criminal cases. He said he hopes with the protection provided witnesses by Law, more persons would be encouraged to come forward and actually give testimony in court cases.
“There have been many cases where eye-witnesses have retracted their statements made at the preliminary inquiry, including instances where detailed statements on a particular murder then at the PIs those same witnesses subsequently indicated that they saw nothing, heard, nothing and knew nothing about said murder.
“And I submit that the main reason for this kind of about face is fear,” he said.
The Attorney General informed that the Bill now allowed for testimony to given through the use of technology, including video conferencing. By using that medium, he explained, it would guarantee that the appearance is virtual and the person is available to the Examining Chief and to be crossed examined by the defense.
He said although the Bill also allowed for vulnerable witness statements to be entered into evidence in cases where it is proven that the witness had grounds to be fearful, the defendant’s right to face his accuser was not being denied.
“In cases like those the defense would have a copy of the witness statement and clearly know who the witness is and all their particulars so they can lead evidence in relation to that witness once credibility is in fact an issue. The law says the judge would have to give the necessary warning to the jury to the fact that the witness is not available and has not been cross examined by the defense,” he explained.
Hon. Nisbett said at that point it would become a matter of how much “weight” the jury would have attached to the particular statement admitted into evidence.
Another amendment to the Act provides for the admissibility of computer generated business records such as emails and other electronic communications. The Bill also stipulates that confessions be recorded “audio-visually” or at least audio-taped.
According to the Attorney General the positive effects on and the benefits to the legal system of having an Evidence Act cannot be over emphasized. He described the legislation as contemporary, legally sound and one which has practical application for the culture within which it operates.
The enforcement of the Act came less than two weeks prior to the opening of the January Criminal Assizes where a number of murder and robbery cases are slated for trial.
(Source http://www.thestkittsnevisobserver.com/2012/01/20/evidence-act.html)
