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


Goff Supports Limited Exception To Double Jeopardy

Goff Supports Limited Exception To Double Jeopardy Rule

Justice Minister Phil Goff will support a Law Commission proposal to allow for a limited exception to the rule against double jeopardy in a narrow class of cases.

Justice Baragwanath has made the recommendation in his report 'Acquittal Following Perversion of the Course of Justice'. The paper was in response to the case of gang member, Kevin Moore, who was unable to be retried for murder after his acquittal on his first trial because of false evidence by a witness.

"I support the general rule against double jeopardy where a person cannot be re-tried for the same offence. But where the accused has secured an unmerited acquittal on a serious charge by perjury or other conduct that has perverted the course of justice, an exception to the rule is warranted.

"Not to change the law in this area risks bringing the justice system into public contempt. Also, it would provide an incentive for those accused of serious offences to commit perjury or otherwise pervert the course of justice.

"In the case of Moore, he benefited from his own abuse of the criminal justice system. He should have got at least ten years for murder. But as a result of 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.

"The rule against double jeopardy is a long-standing aspect of our law and an important protection of the administration of justice.

"I note Justice Baragwanath's recommendations that the exception to the rule only apply when the accused is guilty of an administration of justice crime such as perjury and that the original crime must be confined to the most serious classes of case.

"I will be putting a paper to cabinet for a law change recommending a limited exception to the rule against double jeopardy," Mr Goff said.


© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On Bridges’ ‘Meth Crooks’ Leadership Failure

Back in June, Bridges publicly accepted that Housing NZ had got it wrong, and that the National government had acted upon bad advice.

Now, you’d think this admission would create a broad bi-partisan basis for compensation to those families who had been unfairly evicted, at considerable cost and emotional distress. Some people had lost their possessions in trying to meet the expense of the upheaval.

Not everyone felt so compassionate. More>>


Multimedia & Transcript: Acting PM's Press Conference

Winston Peters, Acting Prime Minister while Jacinda Ardern is in New York for the UN Leaders' Week, held a short press conference Monday after chairing this week's cabinet meeting. More>>

General Assembly: Ardern Rejects Trump Call For War On Drugs

New Zealand will not be signing the United States' document calling for global action on the war on drugs, Prime Minister Jacinda Ardern says. Ms Ardern is in New York for the United Nations General Assembly this week, along with about 140 other world leaders. More>>


Pay Equity: Cabinet Funds Deal For Oranga Tamariki Social Workers

The Minister said that an agreement in principle has been reached between Oranga Tamariki and the PSA on a settlement worth $114.6m over five years. More>>


Hunting v Pest Control: Tahr Control Needed To Protect Alpine Habitats

A cull of introduced Himalayan tahr browsing conservation land in Kā Tiritiri o Te Moana/ the Southern Alps is needed to protect special alpine plants and their habitats, Conservation Minister, Eugenie Sage said. More>>


Protest At Sea: Judge Discharges Greenpeace Activists

The judge today discharged Norman and Howell without conviction, saying the cumulative consequences of a conviction would be out of proportion to what was “low level” offending off the Wairarapa coast in April 2017. More>>


No Reshuffle: Meka Whaitiri Removed As A Minister

Meka Whaitiri will be removed as a Minister with immediate effect... The decision was made after receiving a report into an incident that occurred on 27 August in Gisborne, involving Meka Whaitiri and one of her staff. More>>





InfoPages News Channels