Bill intends to allow statements rather than witnesses in court
Also in the House, legislation was debated to provide for statements to admitted into evidence from witnesses who are fearful of testifying in court. There was general agreement that something has to be done to curb crime, but is the amendment the answer? News Five’s Jose Sanchez reports from Belmopan.
Jose Sanchez, Reporting
The Evidence Amendment Bill 2009 and the Indictable Procedure Amendment Bill 2009 were jointly tabled at today’s house meeting. Attorney General Wilfred Elrington believes it will bring justice in cases where witnesses fail to appear or suffer from temporary amnesia at trials.
Wilfred Elrington, Attorney General
“This is piece of legislation which will allow the statement given by a witness who is in fear of going to court to give evidence, who is in fear for his life to go to court to give evidence, to allow that evidence contained in the statement to be admitted at the trial of the accused person. It is a bill which we had to come up with because, as has been stated more than once in this House by the Honourable Leader of the Opposition and other members on this side, the country is really in the grips of serious violent crimes, criminals, north, south, east and west are wreaking havoc, creating fear and terror among the entire citizenry of the country.”
Current and past P.U.P. leaders agree with Elrington that crime is on the rise.
John Briceño, Leader of the Opposition
“Mister Speaker there is no doubt that a wave of crime of epic proportions has been hitting Belize and threatens almost like a tsunami to drown our law abiding citizens.”
Said Musa, Area Rep, Fort George
“This past week alone Mister Speaker, the body of a young man Randy Coye was found dumped in the Lord Ridge Cemetery riddled with bullets. In Corozal, a school teacher Escuela Mexico, Mr. Javier Castillo, was found in a pool of blood in his home stabbed to death in a home invasion. In Caye Caulker, Mrs. Lorleen Young, a hard working executive lady, just going about her own business was attacked in her home—in fact in her bathroom and killed in a cold blooded murder.”
Everyone agreed that crime is out of control, that is, except one minister. The Minister of National Security says crime is down, contrary to the stats released by his own Ministry.
Carlos Perdomo, Minister of National Security
“I’d just like to say that even though he listed the latest murders in the country, overall comparing last year to this year, the crime rate is down by eight or ten percent. And I know that one of the effects he wanted to bring was that if he repeated a litany of the latest murders that it would seem that we’re not doing our work. But I’d just like to day that the murder rate and also sexual crimes are down.”
The attorney general referred to one of the murder cases of Mark T. Dogg Stewart as an example of why the bills are necessary.
Wilfred Elrington
“The defendant was accused of killing one of his cellmates. There were three of them in the cell and the defendant was accused of killing one of them. After killing him, tearing off his arm and throwing the arm inside the prison yard, a prison ward found it while he was doing his rounds. On the date of the trial—I was presiding then—and on the date of the trial, the trial was being conducted by an English prosecutor, the sole surviving witness appeared. But he was so terrified that in fact he did not give evidence at all, at all, at all. He said he heard nothing that night, saw nothing that night and knew not what transpired. The consequence of that, the prosecution in frustration had to throw in the towel and we were forced to discharge the prisoner.”
John Briceño
“Mr. Speaker, the questions I’d like to ask and there are four questions; one, would changing the law in this manner help to alleviate the crime situation? Two, will this result in an improvement in the conviction rate for the prosecution of criminal cases? Three, will it assist in seeing a decrease in crime? And four, will we have to return within the next year to this honourable House to try to revisit these amendments? Mr. Speaker, any responsible government who attempts to change the law in such radical manners and I think must be prepared to answer these questions.”
Said Musa
“The honourable Attorney General referred to the fact that a similar piece of legislation was passed in Jamaica. Actually, the legislation in Jamaica is somewhat different to deal with this problem. The language used in their law was that the statement of a witness who is kept away from the proceedings or threats of bodily harm and no reasonable steps can be taken to protect the person. So the wording is different, but more importantly Mr. Speaker, I asked myself and I’m sure all of us should ask ourselves has this law in Jamaica helped the situation? That law was passed as far back as close to fifteen years ago in 1995. Whereas in one of them, the evidence bill, safeguards are put in to protect the right of the accused, which if no there, this particular law would be struck down as unconstitutional, as indeed a Privy Council Case has found when examining the Jamaica law. In the Jamaica law they put in clear safeguards to protect the rights of the accused and that is fundamental to our system. No matter how bad things are, we cannot forget the presumption of innocence of any accused person. They promised all these things when they were campaigning to be elected. Don’t tell me now who si to blame; di P.U.P. fi blame fi all dis, don’t tell me it’s di police to blame, don’t tell me it’s the judges to blame. Let us examine ourselves and see what more we can do. as I said over a year ago Mr. Speaker, noh watch unnuself.”
In the end, despite the fanfare and arguments… everyone agreed when it came time to vote.
Emil Arguelles, Speaker of the House
“All those in favor kindly say I, those against kindly say no… I think the I’s have it.”
Reporting for News Five, Jose Sanchez.
