Third (2004/2005) Session, Eighth Parliament
Sen. the Hon. John Jeremie
Mr. Subhas Panday, MP [Princes Town]
Ms. Gillian Lucky, MP [Pointe-a-Pierre]
11 July 2005
Sen. the Hon. John Jeremie
Sen. the Hon. Christine Kangaloo
Sen. Robin Montano
Sen. Dana Seetahal
Sen. Wade Mark
Sen. Prof. Ramesh Deosaran
Sen. Dr. Tim Gopeesingh
Sen. Prof. Kenneth Ramchand
Sen. Bro. Noble Khan
Sen. the Hon. Christine Kangaloo
Sen. the Hon. John Jeremie
Mr. Subhas Panday, MP [Princes Town]
Sen. the Hon. John Jeremie
- The Bill seeks to modify the amendments to the Indictable Offences (Preliminary Enquiry) Act, Chap. 12:01, which were introduced in 1994 (Act No. 20 of 1994) to provide for the committal of accused persons on the basis of written statements submitted by the prosecution to the enquiring Magistrate. The 1994 amendments, which were intended to speed up preliminary enquiries, proved ineffective because the Magistrate was obliged to take the evidence of an accused person who wished to give evidence and to allow the cross-examination, if desired, of the maker of a tendered statement. It is on record that since the enactment of these provisions only three such preliminary enquiries were concluded, thus defeating the purpose for which the amendments were intended.
- The Bill would first provide the conditions upon which a written statement by either party to a preliminary enquiry may be tendered into evidence and then set out the procedure a party must follow in order to have such a statement admitted into evidence. The Bill then goes on to provide two methods whereby a Magistrate may commit an accused person on the basis of a “paper committal”. The first method is to make an order of committal without consideration of the statement. However, the Magistrate cannot follow this method where the accused is not represented by counsel or counsel for the accused wishes to make a no case submission. The second method is to consider the statement and allow both parties to make submissions to the court before making a committal order.
- The Bill would also confer on the Director of Public Prosecutions the power to prefer a voluntary bill of indictment without reference to a judge of the High Court and whether or not a preliminary enquiry has been held.