Susannah Moran The Australian (Australia) April 20, 2007 Friday FEATURES; Legal Affairs; Pg. 23 Reform
THE long-standing double jeopardy laws will be overhauled after the Coalition of Australian Governments agreed to implement reforms to allow appeals on acquittals in serious criminal matters where there is compelling fresh evidence. The reforms had been long talked about but the states could not come to agreement before last week. Two -- Victoria and the ACT -- reserved their position, putting them out of kilter with their counterparts. ACT Chief Minister Jon Stanhope said he wanted to put the issue to the Law Reform Commission rather than it being decided at last week's meeting. Mr Stanhope said he was yet to be persuaded that the changes should be made, based on advice he had received from various legal groups. It is tempting for politicians to make legal reforms in response to high-profile, emotional cases, but it doesn't always make for good law, Mr Stanhope said. Canberra's legal aid office said the double jeopardy principle is a fundamental right that should not be interfered with lightly. The principle, which dates back to the 12th century, is that a person should not be tried more than once for the same crime. But changes in technology, such as DNA testing, mean that new evidence can be discovered years after a crime has been committed. The reforms agreed on include exceptions to the double jeopardy rule where there is fresh and compelling evidence, but only in the most serious of criminal offences, including murder, manslaughter, aggravated rape and armed robbery. Also included are tainted acquittals, where the accused, or someone connected to them, had been convicted of an administration of justice offence in connection with the proceedings. Several safeguards will also be put in place, including a consideration of how long it had been since a person allegedly committed the crime, and a need for the Director of Public Prosecutions' consent. A Victorian Government spokesperson said: The Government would not make any commitment on changing the laws until proper community consultation has occurred. Senator David Johnston said the reforms of double jeopardy were a matter for the states but said harmonised laws are a good idea and they endeavour to close loopholes and diminish cross-jurisdictional conflicts. Victorian criminal barrister Peter Faris QC said he supported reforms to double jeopardy laws for serious crimes. As things stand, a person convicted has the absolute right of appeal against the conviction, but the prosecution does not have that right, he said. We are told that this is an adversary system but only one party has got the right of appeal. Mr Faris said there needs to be sufficient safeguards before any appeal could proceed. There should be a written test, something to take into account new evidence, powerful evidence and there would have to be some reasonable explanation as to why it wasn't used in the trial, he said. Homicide Victims Support Group executive director Martha Jabour welcomed the reforms and said Victoria and the ACT should consider reform. ''If we have someone acquitted and they know that (by) moving into another state they will not be tried for the crime again, ... it would be logical for them to move. It happens in the US all the time. ''We have so many great advances in technology. If there is fresh evidence, why wouldn't it go to trial one more time? she said.
