Gordon Campbell | Parliament TV | Parliament Today | Video | Questions Of the Day | Search

 


Acquittal following Perversion of Justice


Hon Phil Goff
Minister of Justice
Media Statement
26 September 2000

Acquittal following Perversion of the Course of Justice


Justice Minister Phil Goff has welcomed the release today of the Law Commission's Preliminary Paper on acquittal following perversion of the course of justice.

The Law Commission's paper is a response to the case of gang member, Kevin Moore, being unable to be retried for murder after his acquittal on his first trial because of false evidence by a witness.

"The Law Commission will report finally to Government after hearing submissions and I would not wish to preempt its process.

"My own preliminary view, however, is to support one of its initial preferences, the creation of a principled exception to the double jeopardy rule which does not allow a person to face trial again on the same charge having once been acquitted.

"The double jeopardy rule is a long standing aspect of our law, designed to prevent unwarranted harassment of an accused by repeated prosecution for the same matter.

"However, if an offender is able, as Moore did, to benefit from his own abuse of the criminal justice system, public confidence in the administration of justice will be undermined.

"Moore should have got at least 10 years for murder. As a result of the witness perjury, he may serve as little as two years and four months for the lesser charge of conspiracy to pervert the course of justice.

"He has literally gotten away with murder.

"An accused should reasonably expect to be prosecuted only once for an offence unless he has deliberately perverted the first process.

"The United Kingdom has recognised the problem posed by acquittal after perjury by passing the Criminal Procedure and Investigations Act in 1996. This allows retrial of a person for an offence if acquittal on an earlier charge was "tainted".

"My preference would be to follow this course. But, I will await the final report of the Law Commission before making any decision to submit to Cabinet a proposal for a law change", Mr Goff said.

ENDS:

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

 

Also, Loan Interest: Productivity Commission On Tertiary Education

Key recommendations include better quality control; making it easier for students to transfer between courses; abolishing University Entrance; enabling tertiary institutions to own and control their assets; making it easier for new providers to enter the system; and facilitating more and faster innovation by tertiary education providers... More>>

ALSO:

Higher Payments: Wellington Regional Council Becomes A Living Wage Employer

Councillor Sue Kedgley said she was delighted that the Wellington Regional Council unanimously adopted her motion to become a Living Wage employer, making it the first regional council in New Zealand to do so. More>>

ALSO:

Scoop Images:
Dame Patsy Reddy Sworn In As Governor-General

This morning Dame Patsy Reddy was sworn in as the New Zealand Realm’s 21st Governor-General. The ceremony began with a pōwhiri to welcome Dame Patsy and her husband Sir David Gascoigne to Parliament. More>>

ALSO:

Ruataniwha: DOC, Hawke's Bay Council Developer Take Supreme Court Appeal

The Department of Conservation and Hawke's Bay Regional Investment Company (HBRIC) are appealing to the Supreme Court over a conservation land swap which the Court of Appeal halted. More>>

ALSO:

With NZ's Marama Davidson: Women’s Flotilla Leaves Sicily – Heading For Gaza

Women representing 13 countries spanning five continents began their journey yesterday on Zaytouna-Oliva to the shores of Gaza, which has been under blockade since 2007. On board are a Nobel Peace Laureate, three parliamentarians, a decorated US diplomat, journalists, an Olympic athlete, and a physician. A list of the women with their background can be found here. More>>

Gordon Campbell: On The Key Style Of Crisis Management

At Monday’s post Cabinet press conference Key was in his finest wide- eyed “Problem? What problem?” mode. No, there wasn’t really a problem that top MPI officials had been at odds with each other over the meaning of the fisheries policy and how that policy should be pursued... More>>

ALSO:

Mt Roskill: Greens Will Not Stand In Likely Post-Goff By-Election

“The Green Party’s priority is changing the Government in 2017, and as part of that we’ve decided that we won’t stand a candidate in the probable Mt Roskill by-election... This decision shows the Memorandum of Understanding between Labour and the Green Party is working." More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
 
Parliament
Search Scoop  
 
 
Powered by Vodafone
NZ independent news